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07/10/07 CC Reports
CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. " BOB" MAGEE, MAYOR WWW.LAKE- ELSINORE.ORG DARYL HICKMAN, MAYOR PRO TEM (951) 674 -3124 PHONE THOMAS BUCKLEY, COUNCILMEMBER (951) 674 -2392 FAX GENIE KELLEY, COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER ROBERT SCHIFFNER, COUNCILMEMBER 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 ��' es' e�' e3r�e�9e9e9e�9e�es' e��Y9e�' e9c�Y�9e�e�9c�' e9e9c�Y�Y�' c�e9e��Y�' e9e�F�Y* �e�e��9c�2�' e�'e��'c�c9e�e9c3e9c��'e�'e9c9c TUESDAY, JULY 109 2007 — CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER ROLL CALL CLOSED SESSION None RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS /CEREMONIALS A. Presentation — Civic Center Drawing Contest Winners B. Presentation — 0' of July Boat Parade Winners Page 2 — City Council Agenda — July 10, 2007 CLOSED SESSION REPORT PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Mayor will call on you to speak, when your item is called. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) 1. Investment Report — May 2007 RECOMMENDATION: Receive and file. 2. Claims Against the City — Douglas Rosenberg and SITL Investment, LLC. RECOMMENDATION: Rejects claims. PUBLIC HEARING 21. Resolutions ordering Apportionments, approving Preliminary Amended Assessments, ordering hearing and directing actions with respect to Northwest Sewer Assessment District No. 86 -1, Series 1999 and Assessment District No. 93 -1 (Canyon Hills). RECOMMENDATION: Adopt Resolution No. 2007 -126 ordering the making of Amended Assessments pursuant to Part 10 of Division 10 of the Street and Highways Code & directing actions with respect thereto Northwest Sewer District No. 86 -1, Series 1999. Page 3 — City Council Agenda — July 10, 2007 Adopt Resolution No. 2007 -127 ordering the making of Amended Assessments pursuant to Part 10 of Division 10 of the Street and Highways Code & directing actions with respect thereto Northwest Sewer District No. 93 -1 (Canyon Hills). Adopt Resolution No. 2007 -128 approving Preliminary Amended Assessments, ordering hearing and direction actions with respect thereto Northwest Sewer Assessment District No.86 -1, Series 1999. Adopt Resolution No. 2007 -129 approving Preliminary Amended Assessments, ordering hearing and direction actions with respect thereto Northwest Sewer Assessment District No. 93 -1 (Canyon Hills). 22. Citywide Lighting & Landscaping Maintenance District and the Landscape and Lighting Maintenance District No. 1 for the Fiscal Year 2007 -08. RECOMMENDATION: Open the public hearing and take testimony. Adopt Resolution No. 2007 -130 setting the Fiscal Year 2007 -08 Benefit Assessment for the Citywide LLMD. Adopt Resolution No. 2007 -131 setting the Fiscal Year 2007 -08 Benefit Assessment for LLMD No. 1. 23. Consideration of Tentative Tract Map No. 35348 for the project known as "Lake Elsinore Medical Plaza ". RECOMMENDATION: Adopt Resolution No. 2007 -132 making Findings of Consistency with the MSHCP. Page 4 — City Council Agenda — July 10, 2007 Adopt Resolution No. 2007 -133 approving Tentative Tract Map No. 35348. 24. Summary street vacation for the right -of -way known as Flint Street. RECOMMENDATION: BUSINESS ITEMS Adopt Resolution No. 2007 -134 approving the Summary Vacation of Flint Street. 31. Second Reading — Ordinance No. 1227 — acting as the Legislative Body of City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of a special tax. RECOMMENDATION: Adopt Ordinance No. 1227, upon second reading, by title only. 32. Commercial Design Review No.2006 -18 for a proposed Lonestar Steakhouse Restaurant located at 18601 Dexter Avenue. RECOMMENDATION: Continue to the July 24, 2007 City Council meeting. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS Page 5 — City Council Agenda — July 10, 2007 CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT Bank of America - General Reconciling Items Bank of America - Payroll Total Active Accounts CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF MAY 31, 2007 BANK DEPOSITS OUTSTANG BALANCE IN TRANSIT CHECKS BOOK BALANCE $10,309,306.86 2,521,973.28 (1,653,180.65) 11,178,099.49 206.00 - -. 206.00 16,738.49 - (3,887.76) 12,850.73 10,326,251.35 2,521,973.28 (1,657,068.41) 11,191,156.22 INVESTMENTS Local Agency Investment Fund 24,725,523.23 - - 24,725,523.23 Bank of New York -Trust Sweep Account 1,906,819.76 - - 1,906,819.76 Federal Home Loan Mortgage Corp. 2,000,000.00 - - 2,000,000.00 Federal Home Loan Bank 13,000,000.00 - - 13,000,000.00 Federal National Mortgage Association - - - - Sub -total Investments 41,632,342.99 - - 41,632,342.99 Unrealized Gain/ (Loss) at 6 -30-06 per GASB 31 (111,900.00) (111,900.00) Total Investments 41,520,442.99 - - 41,520,442.99 51,846,694.34 2,521,973.28 (1,657,068.41) 52,711,599.21 Cashier Drawers #1 & #2 300.00 City of Lake Elsinore Petty Cash Fund 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $52,712,899.21 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. 7 ,O;z Matt N. Pressey Date Director of Administrative Servce Prepared by: J. Riley, Finance Manager AGENDA ITEM NO. 1 PAGE, _„_OFIV PAGE -;-?, OFD CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MAY 31, 2007 NO FUND NAME AMOUNT FUND 100 General Fund $18,069,859.04 101 Supplemental Law Enforcement Fund 191,769.10 102 Local Law Enforcement Block Grant Fund 2,755.88 103 Office of Traffic Safety Fund 73,284.65 104 Traffic Offender Fund 86,421.45 105 Misc. General Project Fund (2.832,882.79) 106 Affordable Housing In Lieu Fund 801,244.80 107 Developer Agreement Revenue 1,008,080.97 110 State Gas Tax Fund 1,322,669.77 112 Transportation Fund 1,094,297.08 115 Traffic Safety Fund 356,999.52 116 City Hall- Public Works DIF Fund 789,787.33 117 Community Center DIF Fund 509,827.11 118 Lake Side Facility DIF Fund 458,712.79 119 Animal Shelter DIF Fund 323,909.91 120 Camino Del Norte DIF 30,573.17 130 Lighting & Landscape Maintenance Fund (146,768.34) 135 #1 Lighting & Landscape Maintenance Fund 47,619.93 140 Geothermal Fund 16,612.79 150 C.D.B.G. Fund (81,162.08) 201 Street C.I.P. Fund 45,977.20 204 Signal C.I.P. Fund (384,312.20) 205 Traffic Impact Fee Fund 2,572,055.82 211 Storm Drain C.I.P. Fund 6,486,548.08 221 Park C.I.P. Fund 1,945,033.93 231 Library C.I.P. Fund 1,131,521.36 232 City Fire Protection Fund 421,597.35 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 2,339,898.35 257 CFD 90 -2 Tuscany Hills (94,047.50) 259 CFD 90 -3 Construction Fund 97,122.31 266 CFD 2004 -1 Marintiqu 78,375.44 351 AD 87 -2 Debt Service Fund 52,162.94 352 AD 86 -1 Debt Service Fund 374,278.21 353 AD 89 -1 Debt Service Fund 362,507.09 356 AD 90 -1 Debt Service Fund 377,420.69 357 CFD 2003 -2 Canyon Hills 1,288,740.42 358 CFD 91 -2 Debt Service Fund 1,625,519.27 359 CFD 90 -3 Debt Service Fund (312,803.83) 360 AD 93 -1 Debt Service Fund 1,858,142.90 362 CFD 95 -1(96 Srs.E) Debt Service Fund 293,350.20 363 CFD 88 -3 / 1997 Series F Debt Service Fund 2,718,382.03 364 CFD 88 -3 III B / 1997 Series B Debt Service Fund (960,081.07) 365 CFD 98 -1 Summerhill Improvement fund (755,674.44) 366 CFD 2004 -1 Debt Service Fund 53,686.68 367 CFD 2005 -3 Summerly / Laing 49.773.77 368 CFD 2004 -2 Vista Lago 307,012.31 369 CFD 2004 -3 Rosetta Canyon 627,725.30 370 CFD 2005 -x Camino Del Norte 27.244.92 371 CFD 2005 -1 Serenity 275,377.04 372 CFD 2005 -3 Alberhill Ranch 717,379.56 373 CFD 2005 -5 Wasson Canyon 46,615.00 374 CFD 2005 -4 Lakeview Villas 43,701.12 375 CFD 2005 -1 D. Clurman 31,148.01 376 CFD 2005 -7 La Strada 5,592.89 377 CFD 2006 -X Tessara 47,883.48 378 CFD 2007 -X TR#31957 51,425.87 379 CFD 2007 -X Marina Village 67,878.94 380 CFD 2006 -9 Tuscany W 448.94 381 CFD 2006 -10 River LK 47,753.03 382 CFD 2006 -9 Trieste 55,294.84 383 CFD 2007 -X Canyon Hills 59,646.53 384 CFD 2003 -2 SRS 2006A 67,988.98 385 CFD 2004 -3 SRS 2006A 43,106.61 604 Endowment Trust Fund 19,175.17 605 Public Improvement Trust Fund 590,320.89 606 Mobile Source Air Polution Fund 178,724.55 608 Trust Deposit & Pre Paid Expense 1,948,825.40 610 Kangaroo Rat Trust Fund 44,348.00 611 Developer Agreement Trust Fund 1,393,790.00 616 Fire Station Trust Fund 1,806.18 620 Cost Recovery System Fund 1,687,994.83 650 CFD 2003 -1 Law & Fire Service Fund 531,893.07 651 CFD 2006 -5 Park, OpnSpc 4,010.67 Total Pooled Cash & Investments $s2,712,a99.2j{►GENDA ITEM N0: PAGE -;-?, OFD CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING MAY 319 2007 Total outstanding investments as of April 30, 2007 $ 42,270,356.30 PURCHASE MATURITY/ COUPON YIELD TO DATE CALL DATE RATE MATURITY COST Investment Purchases: FHLB 3133XKNWI 05/10/07 05/10/10 5.550% 5.550% 1,000,000.00 Total Purchases 1,000,000.00 Investment Maturities: Total Maturities Investments Called: FHLB 3133XK5U5 03/19/07 05/21/07 5.550% 5.550% (714,285.71) Total Calls (714,285.71) Net increase (decrease) in LAIF (700,000.00) Net increase (decrease) in Sweep Account (223,727.60) Total outstanding investments as of May 31, 2007 $ 41,632,342.99 AGENDA ITEM NO. pAGE` OF rVl N W o z z W o 0 N I a A � `T 0 Hz� U W F Fr 00 00 00 00 00 00 00 rn 00 a o 0 0 0 0-4 H o 0 0 0 0 o O o 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N F A ,Z Z N CD N N O N N N N N N o 0 0 9 0O 0 ^.. 0 O O O O O O l-. a W O O O O O O 8 O O O O 0 Q Q ¢ N N N N ¢ Z N � N ¢ N U A oO W ,n ,n to W) ,n W) h W� r r r r r d W 8 8 8 8 8 8 8 8 °0 8 S S 8 8 8 y'y F N N N N N N N N N N N N N N N W) r D\ 00 O N r M �O 00 C7, O A O 00 O O O O N� ,N� cq O O O O O v b O V O O Q r r r O r D M M N Q N 0 09 M M O O M M �n M •--� 00 00 o0 N w h 00 O N M M .N-i M O\ V'1 O\ M j N 00 M N OI o0 M 00 00 00 N W z -1 r v N -,:r V1 Vl 00 h v N M Qs M 00 a N M Vl W t A I��1 N N r° p8 8p p8 p8 8 p °0 8p p8 p8 8p p8 p8 p8 8p 8 A M O O O 8 O O 8 O O O O O O 8 O N A 0 0 o 8 o 0 8 0 8 o 0 8 g UN ..� .--i .--� .•-i r. .--i .-i ..� .r .-r .--i .•-i .-� .-.i .--i .-i � cad t-. y a0+ 0 ✓" ca a N Or v? 9 O O N O N N v? b V01 h o0 a T b F 7 � � w W W LR a F 8 00\0 m $ °$ 8 8 8 8 �O V7 8 10 W N r h � h 00 N V1 N V'1 V1 vi C F fYi v v v v v wl wl wl •, wl wl tn W, tn tn in o z b g r N y a�> M¢ a M a 0000 can MC M M >C M m M m ckn C o ,. 0 z M M M M O � � O ti l w .d ro U, cw b d O O 14 T w � l w to 1�-� N O ct ca ctl ctl cd �d c0 cd cd N cd W CC W W LG CO LG W W W W W P] w -iq [ C C C C C yT„ c� E eO R cO tl ctl 0 o F .5 a 3 a a C O C �d O C cd aC cO d 3 C cC O C� a C cO d .O C cd .d y a F 0 8 E 0 8 0 0 E 0 E F 4 0 0 0 o 0 0 0 0 0 o 0 0 0 0 o 0 0 0 0 o 4y ,o •b Z ¢ c3 N iE itl 7; iR cd is "N cad id cd id cC itl is d b 1-I 4w H it 4r V i•� 1.r i•� 4. it i•n L F+ L 1•n 1.� iy CI AG&DA ITEO'. 1._.... -- o v � d o d a� � .a w w w w w MI w w w w w w w w w w w PAGE, y OF t D W F z W FR � F r °zoo a>4� � W � a�w F G W O E- z U � H A z d' O o s UR w a O 0 8 a 0 O r a O w a A M N z Cl w W o N N x Q z �, d � N g 8 N N cl� 0 M m o eq C4 N N ti W W a F W � F z F w r7 Q Q A w � F U A x a F4 a cwc h U 0 U z H O W w H F 9 z el V N z w' 0 E C Q ~ z C a F a O P. 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F0-4 W z aG w F_ Q cs M DC to O' vI > M d v> >. .M .a 9 W wr N z U x x F d d w z x z UcaAaaAWX����ac vow 00 M M M M M M M MM•Mi U00 z M. h M M M M M M M M M M M M M M M My U W a • ava auava a .va a C G y N U U U U .0 U U U .0 U U U .0 yw A A BE z M o o J u g c aTi c p G w FQ Rl PC o W 7 o W 7 W C PC 7 O W to d z cd d U . ° ° N ❑ o O O N a° O W o° q ° o O b0 v O b�0 O w. o 0 0 o O bq ti+D O a s w m w w v AGENDA ITEM NO. PACE OF �+ p o o g 9- S 8 8 o S o Wi S S o S O 0 b88�oao v1 O V1 On d F F q O ON. U U " W OOp M '.+ VOl N W ¢g N 00o N N b *0 v �O Oh 00 00 00 �n �O O 00 r b z vA v? 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F, UI 3 � a v v to v) to vi AGENDA wn to OF f V O H pp O S 00� e8 8 O O O en S p O Wi RI ra F N r v �O n aD Z W h 7 -It 'T a V) vn vl v) vn Ln vn v) C ►a '� vFi b� 6�° �° & O S 00 O M 8 pp O O O �,DD�n S N S O S O O W) r h �O 00 O O N �1 �n �n IO 1n 1n �n V1 tn �n V'1 W a w F �+ 0 �. r o0 00 ao 0p0 00 00 0o ao Qp�j po pp rn C, Q o 0 0 0 yyopppppj p N N N N ,D O x Q z z N r a, w a\ r N M vi 0 C, O N O U O 0 0 C 0 O O _ ^-� O _ O O O O ~ UI �y F. z A o 0 0 0 0 0 0 0 0 o r g Z w 0 0 0 0 0 o co o O 0 O O o N N N N o � F Q z z z N '" z\ z' N Q b N\ O 00 N N N C C O L 7 �n �n v .Q�" U Q 'z z' Ri •D a �0 m 0o r M N to r a r m to bo M k x z �C z rn DG a cc X >C >C >C X >4 >C M > a0 00 k M M U D\ N •T. � M M M M M M M M m M M M M M M a °' u U G S by 7 9 C F. rTl Bca oa oo ca ai co ai rya m w m m as w Cd � 5 > > 0 ha 0 0 0 0 0 0 0 0 aa. .4 .1 .4 a 0 �a 0 0 0 0 a.a.a.a z �c u N W 9 0 N 0 d N N E 6 E 8 E N N E N N N N H E E G w c F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F a�i O abi abi O d v o O 14 V. N .-1 Gr, u., O abi abi V. 24 V. V. N W W W w w w w w N W w 14 N W W W W F vz e g 00 O h r C4 Q � S C N_ 69 Q W z_ rTi F 3 y0 0 0 I 'd C d w O 0 h a o o O d F F .a > U U .a W i f W i . a c 3 � AGENDA ITEM NO. =� RAGE? OF f V AGENDA ITEM NO. PAGE �OP.r.� F O 8 g o S o S 0 S 8 0 S o a S C g S 0 o S S 0 S S 0 S 0 o S 0 S S S 0 g o S 0 S S S 0 g g 8 0 S $ S U W A y o O N 0 O N 0 O N 0 O N 10 0 O N 10 0 O N 0 O N o Cl N O O N o O N o o N O O a F A a W a �I U 00 b v ° N N 8 V) W) o vl W) arl 00 "R 7 �o h f 09 8$ h V"1 o Vl o N S h 8 h �O h Vl V1 U1 h Iw.l W QI � 00 "R C n n 7 09 W It qQ 8 H h Oi N h ON Cl! W) v? to N kn vl kn O Wi V 1 W) I_+ ^wM o o N O 0 O O 0 o N O 0 Cl N 0 o N O 0 O N 0 o N O 0 0 N O 0 0 N O 0 0 00 O 0 0 N O 0 0 N O W rr F�1 O O W U A� O N N O o N --� o O o N N 0 O O N N 0 O O N O O O N N O o N N O o N N .. O O N !Z4 O O N O O o N O 0 N ►"� U a Cti+ W x ?C U X M x X x X M �G F X M w ti� >C M X M x ti��� X M z X DD v X M z k z M M M M M M M M M M M M F f7, � WU W W W Gi W OC F � z O 0-4 F yU 1.0 V] O w 5 0 Cq O +� 0 iL 0 O b9 Vi N ti Uj V t0 0� O 0 �U" iL 7 V 4! Y V] VJ N ti Uj S V ro a1 O U lz V1 a fA N � Vl U 0 P] O N 0 (1, GSA V1 O w En 5 U c0 GG O y N o 0 �V" LL W h N w V] 5 ❑U❑ t7 W O U V � a U U AGENDA ITEM NO. PAGE �OP.r.� CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF MAY 319 2007 CURRENT PERCENTAGE BASED ON MARKET VALUE DESCRIPTION AS OF MAY 31, 2007 U.S. Treasury Bills 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance Bank of New York - Trust Sweep Account Current Balance TOTAL % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 0.00% 0.00% 0.00% 31.17% 0.00% 4.80% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 59.45% 4.58% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 24,725,523.23 UNLIMITED $ 1,906,819.76 100.00% 73.58% no less than 25 % 95.20% AGENDA ITEM NO. PAGE_ -0 F 10 CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH MAY 2007 (INCEPTION TO DATE) AGENDA ITEM NO. PAGE _ O TOTAL % OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN AGENCIES MONTH July 2005 FFCB 0.00% FHLB 0.00% FHLMC 0.00% FNMA 0.00% FEDERAL 0.00% August 2005 0.00% 0.00% 3.33% 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51% December 2005 0.00% 22.92% 2.86% 0.00% 25.78% January 2006 0.00% 20.74% 2.59% 0.00% 23.33% February 2006 0.00% 21.01% 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% April 2006 0.00% 20.59% 2.57% 0.00% 23.16% May 2006 0.00% 19.94% 2.49% 5.02% 27.45% June 2006 0.00% 24.91% 1.91% 3.85% 30.67% July 2006 0.00% 25.26% 1.93% 3.90% 31.09% August 2006 0.00% 28.57% 2.19% 4.41% 35.17% September 2006 0.00% 26.17% 2.37% 4.77% 33.31% October 2006 0.00% 26.26% 2.38% 4.79% 33.43% November 2006 0.00% 24.69% 2.46% 0.00% 27.15% December 2006 0.00% 28.04% 2.54% 0.00% 30.58% January 2007 0.00% 27.59% 2.12% 0.00% 29.71% February 2007 0.00% 26.60% 2.21% 0.00% 28.81% March 2007 0.00% 32.82% 4.68% 0.00% 37.50% April 2007 0.00% 30.05% 4.73% 0.00% 34.78% April 2007 0.00% 31.17% 4.80% 0.00% 35.97% AVERAGE 0.00% 21.61% 2.70% 1.16% 25.47% AGENDA ITEM NO. PAGE _ O CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: July 10, 2007 SUBJECT: CLAIMS AGAINST THE CITY BACKGROUND Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. DISCUSSION The following claims have been recommended for rejection by Carl Warren & Company: CL #2007 -2 — Douglas Rosenberg 2007 -5 — SITL Investment, LLC by Joseph Huband FISCAL IMPACT None. RECOMMENDATION Reject the claims listed above and direct the City Clerk to send a letter informing the claimants of this decision. AGENDA ITEM NO. � PAGE I _OF�� REPORT TO CITY COUNCIL JULY 109 2007 ' l i 1 i REVIEWED BYE' MICHELLE SOTO, INTERIM CITY CLERK APPROVED FOR AGENDA BY: ROBERT BRADY,AITY MANAGER AGENDA ITEM NO.,_,_�� (� PAGE June 19, 2007 City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attn: Jessica Guzman, Office Specialist RECEIVED JUN 2 5 2007 CITY CLERKS OFFICE RE: Principal CJPIA - - �Y L�-Elsinore — Date of Incident 4/29/07 Recd Y /Office 5/23/07 Claimant Douglas Rosenberg Our File 1453118 SGQ Dear Ms. Guzman: We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. Please contact the undersigned should you have any questions. Sincerel , Susan Diotte - Garcia (714) 572 -5264 CARL WARREN & CO. An Empfoyee- ownedC'ompany CLAIMS MANAGEMENT . CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180, Santa Ana, CA 92799 -5180 Phone: (714)572 -5200 • (800)572 -6900 • Fax: (714)961 -8131 145)11S Rj,dimra.xnnend .- ROSENBERG AGENDA ITEM NO. vZ _ CITY OF ��� LADE L LSII`IOI ,E DREAM EXTREME May 29, 2007 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on May 23, 2007 from Douglas Rosenberg (CL #2007 -2). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 269. JESSICA GUZMAN, OFFICE SPECIALIST CITY OF LAKE ELSINORE Enclosure cc: City Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 WWW. LAKE- E LSINORE.ORG AGENDA ITE ig®• OF CLAIM AGAINST THE CITY OF LAKE ELSINORE . (For Damages to Persons or Personal Property) Receive by.: Repres tativ RECEIVED MAY 2 3 2007 CITY CLERKS OFFICE (Time/Date Received) A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event occurred, Be sure your claim is against the. City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number Completed claims must be ma led or delivered to the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore; California, 92530. TO THE HONORABLE MAYOR AND,CITY COUNCIL, CITY OF LAKE ELSIN6RE; CALIFORNIA: The undersigned respectfully submits the following claim and information. relative to damage to persons and/or personal Property: I . NAME OF CLAIM I 3 a. Address of b. Phone No. d. Social Seci Name, post office address and telephone to which claimant desire otices to be Occurrence or event from which this laim arises: a. Date - c. Place (Exact and spec'fic location) d. e b. Time V How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary). ti � E�..cxS Vr �. (v o V 'I a I rt �tC l i q oil r6 ca. What particular action by the City of its employees, caused the alleged damage or injury? w o J- 1 Y'o (< b, r�((r, �� � C. �l �� .. mss, 5 l c <�. b sarlC 7'�o C( d .40 C_ )0 Ct "I a vt� & C CZ f e- .-,v -4ec-� pwlo PQJ 4. Were the%.an)�njuries at the time of this accident.? if not, state "No injuries!', 5, Give the names) of the City ernployee(s) -causing the damage or. injury: 6. Narne,and address of any person injured: 7. Name and address of the owner of any damaged property V 8. Damages claimed: 9. a. Amount claimed as of this date $ . _, .S® � [ I ,b. Estimated ed amount of future costs. $ C. ..Total amount.,claimed .d. Basis for computation of amounts claimed (Include, aioie§ of al . fbills, lffivoi'ees,�estimates, etc): L. o S't- U -O Names and addresses of all Z_ (3 )C.:3 , 01— 10. Any additional infolation hat might be helpful in considering this claim: fly /31S 7 -let 16H C+ C-Cct- eu/cc !VOFFENSE TO FILE A FALSE CLAT WARNING.: IT IS A CRIMINA 1,W. (Penal code 72/lnsuranceCode 556.1) �6 i 3 ectt V I have read the matters and statements made in -the above claim and I know the same. to be true of my own knowledge; except as.to-those matters state upon information .or beliefas to such matters, I believe the same to be true. I certify upderpenaltyof perjury that the foregoing is TRVP_ AND CORRECT. SIGNED THIS PAY OF �J 20LOY,—AT _)4-�U8r-� ALIFORNIA. CLAIMANT'S SIGNATURE: AGENDA ITEM NO PAU , June 26, 2007 TO: The City of Lake Elsinore ATTENTION: Jessica Guzman, Office Specialist RE: Claim Claimant D/Event Rec'd Y /Office Our File RECEIVED JUN 2 9 2007 CITY CLERKS OFFICE SITL Investment LLC vs. The City of Lake Elsinore SITL- Investment LLC- 12/23/2006 6/18/2007 S- 1454575 -CKQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL W N & COMPANY 1 D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO* CLAIMS MANAGEMENT CLAIMS DUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 ACFNDA ITEM NO.�` �_ CITY OF LAKE L LSI1`IOI ,E DREAM EXTREME June 20, 2007 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on June 18, 2007 from SITL Investment, LLC by Joseph Huband (CL #2007 -5). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 269. Sincerely, r A GUZMAN, O ICE SPECIALIST CITY OF LAKE ELSINORE Enclosure cc: City Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W. LAKE- E LS I N O RE.O RG AGENDA ITEM NO. Val 431 aVU I "au ie: ao CAA CLAIM AGAINST THE CITY OF LAKE ELSINO:RE (For Damages to Persons or Personal P " Rdceiveaby: PAGE_ 02/05 RECEIVED JUN 18 2007 CITY CLERKS OFFICE (Time/Date Received) A claim must be fled with tht City Clerk of the City of Lake Elsinore, within six (6) mouths after the incident are event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to the City Clerk, City ofLakd Elsinore, 130 South Main Street, Lake Elsinore, California, 92530. TO ME HONORABLE MAYQ1Z AND CITY COUNCIL, crry OF LAKE 1 L5]NORE, CALIFORNIA: The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal Property: 1, NAME OF CLAIMANT__g_rTL TNVFSTMFNT T 7 (' RY TnawFh N „}, a. Address of Claimant b. Phone No, c. pate of BirthX/A d, edarity N . c. Drivers Lic, No. N/A 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: C/o The Dreyfuss Firm, plc,' 7700 Irvine Center Dr., #710, Irvine, CA 92618 3. Occurrence or event from which this claim arises: a. bate 12/23/7006 b.' lime C, Place (Exactandspecifielocation) Two parcels of vacant lots located on the corner of Pine:: Street and Skyline Drive. (See attached map). f9�c -C,a3 4 7 U.S -CIS d, How and under what circumstances did damage or injary occur? Sect* the particular oceusrence, event, act Or omission you claim caused the injury or damage (use additional paper if becessaty). -City created pavoa roadwa for Pine Street from Ek line Drive that does not follow Plot-map, but instead crossES and takes substantial portiorts of dlaimant's property. e, What particular action by the City of its employees, caused the alleged damage ar injury See above and attached maD. AGENDA ITEM NO. 9� ioAvE "IZZIAVV1 WJSil 1b71V' Phil vmr_ Y r U55 PAGE '03/05 4. Were there any injuries at the timo of this aocidont7 Ifnot, state ',No jnjUriesl% No ersona] in'uries. Monetary damages due to ta,icin of claimant Is proper..ti,es . 91 Givc the e(s) of the City employee(s) causing the.dam,age or injury: C;Lty En. Sneer 6• Name and address of any person Injured; Claimant (se-e .above) . 7• Name and address of the owner of any dafnaged properry: Claimant (see above) 8. Damages claimed; a. Amount Claimed as of this date $ �j 00 b. Estimated amount of future costs C. Total amount claimed d.. Basis for computation of amounts claimed (Include copies of all bills, invoices, est€rnates, etc); �� 1`O G (o P q5 eS'LS 9. Names and a�ddres o wim ses. hoseitAls �t�rq, C Li � � LLL ��' C , H Any additional Information that might be helpful in considering this claim; WARNING, IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI (penal code 72 rrsurance Code 556.1) I have read the Tnatters and statements made in the above claim. and I know the same to be fate Of a$ to those matters state upon information or boilef as to such matters, I believe the same to be perjurY thst the foregoing is TRUE AND CORIZEC7', MY own Jtnun, =ledge, a)ty o f truer. I certify under penalty of SIGNED?HjS DAYOI: CLA IMAN7"S T -- - .A• CALIFORNIA. :xt^ENDA ITEM NO. ZR- Q -- .m. —1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 109 2007 SUBJECT: RESOLUTIONS ORDERING APPORTIONMENTS, APPROVING PRELIMINARY AMENDED ASSESSMENTS, ORDERING HEARING, AND DIRECTING ACTIONS, WITH RESPECT TO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 AND ASSESSMENT DISTRICT NO. 93 -1 (CANYON HILLS) BACKGROUND The City is required by the Street and Highways Code Part 10 of Division 10 to perform apportionments of assessments for parcels that reconfigure within an Assessment District. The Resolutions provide authorization and preliminary approval of the amended assessments as prepared by NBS. The Resolutions also set forth a Public Hearing on July 24th where all associated parties will have the opportunity to be heard. DISCUSSION The City is required to undergo this Hearing method for these apportionments because the property owners have not completed the application for apportionment provided by NBS. According to the Street and Highways Code, the City is now required to apportion the assessments for the parcels in question by holding a Public Hearing. AGENDA ITEM NO. a k PAGE I OF /,:P, REPORT TO CITY COUNCIL JULY 109 2007 PAGE 2 OF 2 FISCAL IMPACT There is no fiscal impact directly associated with this item. The city charges administrative fees and all costs associated with the apportionments directly to the property owners along with the next levy, as specified in the Street and Highways Code Part 10 of Division 10. RECOMMENDATION It is recommended that City Council: Adopt Resolution No. 2007 — lo?4 Ordering the Making of Amended Assessments Pursuant to Part 10 of Division 10 of the Street and Highways Code & Directing Actions with Respect Thereto Northwest Sewer Assessment District No. 86 -1, Series 1999 Adopt Resolution No. 2007 — /270rdering the Making of Amended Assessments Pursuant to Part 10 of Division 10 of the Street and Highways Code & Directing Actions with Respect Thereto Assessment District No. 93 -1 (Canyon Hills) Adopt Resolution No. 2007 — V ?Approving Preliminary Amended Assessments, Ordering Hearing & Directing Actions with Respect Thereto Northwest Sewer Assessment District No. 86 -1, Series 1999 Adopt Resolution No. 2007 — /;?'?Approving Preliminary Amended Reassessments, Ordering Hearing & Directing Actions with Respect Thereto Assessment District No. 93 -1 (Canyon Hills) PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF ADP CITY MANAGER'S O STRATIVE SERVICES CE AGENDA ITEM NO. PAGE o2 OF /c;?, RESOLUTION NO. 2007 -� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE MAKING OF AMENDED ASSESSMENTS PURSUANT TO PART 10 OF DIVISION 10 OF THE STREET AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1. SERIES 1999 WHEREAS, pursuant to the Improvement Bond Act of 1915 of Streets and Highways Code of the State of California (the "Bond Law ") and Resolution No. 90 -14, adopted by this Council on March 13, 1990, Special Assessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Assessments are set forth on a Assessment Diagram and Assessment Roll, heretofore confirmed by this Council and filed and recorded with the District Engineer of the City of Lake Elsinore and the County of Riverside; and WHEREAS, certain parcels of land designated as Assessment Numbers 35 and 36, 44 and 45, as well as 4B, 4C, 4D, and 4E, upon which there are unpaid Assessments against which bonds have been issued under the Bond Law, have been divided so that they no longer conform to the original parcel boundaries as shown on said Assessment Diagram; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The District Engineer of the City of Lake Elsinore shall prepare and cause to be filed with the City Clerk a report, an Amended Assessment Diagram and Amended Assessment Roll of Assessment Numbers 35 and 36, previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, segregating and apportioning the unpaid installments of the original Assessment in accordance with the benefits to the several parts of the original parcel. The District Engineer of the City of Lake Elsinore shall also cause to be filed with the City Clerk a report and an Amended Assessment Diagram and Amended Assessment Roll of Assessment Numbers 44 and 45, previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, segregating and apportioning the unpaid installments of the original Assessment in accordance with the benefits to the several parts of the original parcel. AGENDA ITEM NO.__ PAGE,,, ,„OF-L-9,, CITY COUNCIL RESOLUTION NO. 2007 — Page 2 of 2 The District Engineer of the City of Lake Elsinore shall also cause to be filed with the City Clerk a report and an Amended Assessment Diagram and Amended Assessment Roll of Assessment Numbers 4B, 4C, 41), and 4E, previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, segregating and apportioning the unpaid installments of the original Assessment in accordance with the benefits to the several parts of the original parcel. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. �21 PAGE �OF,L RESOLUTION NO. 2007 – I a] RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE MAKING OF AMENDED REASSESSMENTS PURSUANT TO PART 10 OF DIVISION 10 OF THE STREET AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) WHEREAS, pursuant to the Improvement Bond Act of 1915 of Streets and Highways Code of the State of California (the "Bond Law ") and Resolution No. 2000 -42, adopted by this Council on September 12, 2002, Special Reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the District Engineer of the City of Lake Elsinore and the County of Riverside; and WHEREAS, certain parcels of land designated as Reassessment Numbers 19 -5 and 19 -6 upon which there are unpaid reassessments against which bonds have been issued under the Bond Law, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The District Engineer of the City of Lake Elsinore shall prepare and cause to be filed with the City Clerk a report, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 19 -5, previously recorded on the 19th day of September 2000 in Book 47, at Pages 79 -83, Document No. 2000 - 367240, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. The District Engineer of the City of Lake Elsinore shall also cause to be filed with the City Clerk a report and an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 19 -6 previously recorded on the 19th day of September 2000 in Book 47, at Pages AGENDA ITEM NO °2 � PAGE—f-01`11 CITY COUNCIL RESOLUTION NO. 2007 — Page 2 of 2 79 -83, Document No. 2000 - 367240, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM N©. a1 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRELIMINARY AMENDED ASSESSMENTS, ORDERING HEARING AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 WHEREAS, this City Council heretofore adopted Resolution No. , a Resolution Ordering the Making of Amended Assessments Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto, in which the City Council ordered the District Engineer to prepare and file with the City Clerk reports, Amended Assessment Diagrams and Amended Assessment Rolls of Assessment Numbers 35 and 36, 44 and 45, as well as 4B, 4C, 4D, and 4E, previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, segregating and apportioning the unpaid installments of the original Assessments in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said reports, Amended Assessment Diagrams, and Amended Assessment Rolls have been made and filed and duly considered by this Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Said reports as a whole and each part thereof, to wit: (a) the Amended Assessment Diagrams showing the Amended Assessments and dimensions of the respective amended subdivisions of land with respect to said Assessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Assessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. AGENDA ITEM NO.__ PAGE__�__®F—Z,j CITY COUNCIL RESOLUTION NO. 2007 — Page 2 of 3 SECTION 2. Said reports shall stand as the Engineer's Reports for the purpose of all subsequent proceedings herein. SECTION 3. July 24, 2007, at the hour of 7 o'clock p.m., in the regular meeting place of this Council, City of Lake Elsinore, California, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Assessments, Assessment Numbers 35 and 36, 44 and 45, as well as 4B, 4C, 4D, and 4E, being previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Assessments, and when and where it will consider and finally act upon said reports. SECTION 4. The City Clerk of the City of Lake Elsinore shall cause notice of said hearing to be given by publication in a local newspaper published and circulated in the City of Lake Elsinore. The publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Assessments" and shall state: the filing of said report; the date, time and place set for the hearing on said report; the improvement proceedings; a brief description of the original Assessments and proposed Amended Assessments; that any person interested in the original Assessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said report (which includes the Amended Assessment Diagram) for further particulars. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AGENDA ITEM NO 02k PAGE—Y —Y —OFZa_ CITY COUNCIL RESOLUTION NO. 2007 — Page 3 of 3 Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. -2 PAGE-J—OF,&Z- RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRELIMINARY AMENDED REASSESSMENTS, ORDERING HEARING AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) WHEREAS, this City Council heretofore adopted Resolution No. , a Resolution Ordering the Making of Amended Reassessments Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto, in which the City Council ordered the District Engineer to prepare and file with the City Clerk reports, Amended Reassessment Diagrams and Amended Reassessment Rolls of Reassessment Number 19 -5 and 19 -6 previously recorded on the 19th day of September 2000 in Book 47, at Pages 79 -83, Document No. 2000 - 367240, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said reports, Amended Reassessment Diagrams, and Amended Reassessment Rolls have been made and filed and duly considered by this Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Said reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagrams showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Reassessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. AGENDA ITEM N0. PAGE_,4�>OF CITY COUNCIL RESOLUTION NO. 2007 — Page 2 of 3 SECTION 2. Said reports shall stand as the Engineer's Reports for the purpose of all subsequent proceedings herein. SECTION 3. July 24, 2007, at the hour of 7 o'clock p.m., in the regular meeting place of this Council, City of Lake Elsinore, California, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments, Reassessment Number 19 -5 being previously recorded on the 19th day of September 2000 in Book 47, at Pages 79 -83, Document No. 2000 - 367240 and Reassessment Number 19 -6 being previously recorded on the 19th day of September 2000 in Book 47, at Pages 79- 83, Document No. 2000 - 367240, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said reports. SECTION 4. The City Clerk of the City of Lake Elsinore shall cause notice of said hearing to be given by publication in a local newspaper published and circulated in the City of Lake Elsinore. The publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said report; the date, time and place set for the hearing on said report; the improvement proceedings; a brief description of the original Reassessments and proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said report (which includes the Amended Reassessment Diagram) for further particulars. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ,AGENDA rrEM N0. X21 PAGE—.& OF„Z.2_ CITY COUNCIL RESOLUTION NO. 2007 — Page 3 of 3 Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. c)— I ---- PAGE,L _OFI-L CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 109 2007 SUBJECT: PUBLIC HEARING ON THE CITYWIDE LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT AND THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2007 -08 BACKGROUND On June 12, 2007 the City Council adopted the appropriate resolutions to commence the proceedings for the annual levy. The Public Hearing was set for July 10, 2007. DISCUSSION Attached are two Resolutions of Fiscal Year 2007 -08 providing for an Annual Levy and Collection of Assessments in both Districts. FISCAL IMPACT The total assessment for FY 2007 -08 Citywide LLMD is $1,263,760. The total assessment for LLMD No. 1 is $167,545. RECOMMENDATION This is an advertised Public Hearing. Open the Public Hearing, take testimony, and by motion, adopt Resolution No. 2007 — \g,0 setting the Fiscal Year 2007 -08 Benefit Assessment for the Citywide LLMD and by motion, adopt Resolution No. 2007 — 131 for LLMD No. 1. Agenda Item No. _ a2 r), Page / of REPORT TO CITY COUNCIL JULY 109 2007 PAGE 2 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF ADM ISTRATIVE SERVICES CITY MANAGEW SoOFFICE Agenda Item No. — Page ,' of b l RESOLUTION NO.2007 -�O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2007 -08 WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "District "); and WHEREAS, the City Council has ordered the preparation of a report and the City District Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing Fiscal Year relating to the above referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50 %) of the area of assessable lands within the District, and all protests are overruled and denied. Agenda Item No. Page -3 of ff/ CITY COUNCIL RESOLUTION NO. 2007- Page 2 of 3 SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the Fiscal Year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report ", pursuant to said "Landscaping and Lighting Act of 1972 ", as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. SECTION 8. That the City has previously established a special fund known as the CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT into which the City shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Agenda Item No. °Z �L Page Y of CITY COUNCIL RESOLUTION NO. 2007- Page 3 of 3 SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. Page of __L RESOLUTION NO. 2007-_ 13 ( RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2007 -08 WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF LAKE ELSINORE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District "); and WHEREAS, the City Council has ordered the preparation of a report and the City District Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing Fiscal Year relating to the above referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50 %) of the area of assessable lands within the District, and all protests are overruled and denied. Agenda Item No. a.--)- Page !� of g/ CITY COUNCIL RESOLUTION NO. 2007- Page 2 of 3 SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the Fiscal Year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report ", pursuant to said "Landscaping and Lighting Act of 1972 ", as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. as the SECTION 8. That the City has previously established a special fund known CITY OF LAKE ELSINORE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 1 into which the City shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Agenda Item No. c?,- c� Page 7 of 0 CITY COUNCIL RESOLUTION NO. 2007- Page 3 of 3 SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. :P- Page if of 9/ Engineer's Report City of Lake Elsinore Citywide Landscape and Street Lighting District Fiscal Year 2007 -08 Prepared by: Associates. May 31, 2007 AGENDA ITEM NO. -� PAG �OF_L ENGINEER'S REPORT CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE AND STREET LIGHTING DISTRICT Fiscal Year 2007 -08 Daryl Hickman Mayor Pro -Tem Thomas Buckley Council Member Ken Seumalo City Engineer Peter Weber City Treasurer Robert Magee Mayor Robert Brady City Manager Jeffrey M. Cooper, P.E. Assessment Engineer Harris & Associates Robert Shiffner Council Member Genie Kelley Council Member Michelle Soto Acting City Clerk Barbara Leibold City Attorney Agenda Item No. Q L Page /0 of 0/ ENGINEER'S REPORT CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE & STREET LIGHTING DISTRICT Fiscal Year 2007 -08 TABLE OF CONTENTS I. INTRODUCTION II. ENGINEER'S REPORT Part I Description of Improvements Part II Estimate of Cost Part III Assessment Roll Part IV Method of Apportionment of Assessment Exhibit I - Summary of Parcel Data Exhibit II - Summary of Zone -EDU Data Exhibit III - Zone Assessment Summary Part V Property Owners List Part VI Assessment Diagram APPENDIX A County Use Code Information APPENDIX B Zone Map APPENDIX C Assessment Roll Page 1 3 5 6 8 9 18 18 16 17 Under Separate Cover Under Separate Cover Agenda Item No. la Page of ENGINEER'S REPORT CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE & STREET LIGHTING DISTRICT Fiscal Year 2007 -08 The undersigned respectfully submits the enclosed report as directed by the City Council. DATED: May 31, 2007 By: Harris & Associates Jeffrey M. Cooper R.C.E. No. 31572 -o � N0. 31572 ;rt' * \EXP. 12/31/08/* �\� CIVl%- \� j OF CA\- I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the day of , 2007. Michelle Soto, Deputy City Clerk City of Lake Elsinore Riverside County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California on the day of , 2007. Michelle Soto, Deputy City Clerk City of Lake Elsinore Riverside County, California L-11A I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Riverside, on the day of , 2007. Michelle Soto, Deputy City Clerk City of Lake Elsinore Riverside County, California UA Agenda Item No. Page IR of 0 City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report – FY 2007 -08 Page 1 SECTION I INTRODUCTION ENGINEER'S REPORT CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE & STREET LIGHTING DISTRICT Fiscal Year 2007 -08 The City Council of the City of Lake Elsinore approved the formation of an Assessment District with Resolution No. 88 -27 on June 28, 1988. The District was formed pursuant to the requirements of the Landscaping and Lighting Act of 1972. The District was formed to provide a source of funds for the installation, servicing, maintenance, repair and operation of landscaping, lighting and appurtenant facilities within the District. Prior to the fiscal year 1997 -98, the boundaries of the District were coincidental with the boundaries of the City. The Engineer's Report, which was approved by the City Council when the District was formed and as amended, sets forth the methodology to be used in apportioning the assessment to the different land use types and benefit zones within the City based upon the benefit they receive. Based on the proceedings in Fiscal Year 1997 -98 and the provisions of Proposition 218, the District is exempt from the requirements of Proposition 218, unless there is an increase in the assessment rates. At the time the District was formed, several benefit zones were established. Citywide benefit zones were established to insure a source of funds for the ongoing maintenance of landscaping and lighting improvements which are of benefit to all parcels or lots within the City. This includes landscaping and street lighting along major thoroughfares, and a portion of the secondary arterials as defined in the Circulation Element of the City's General Plan and on other City owned properties. Several special benefit zones were established to provide a source of funding for the maintenance of improvements that are of local benefit. Currently there are twenty -one (21) special benefit zones, lettered A through U (see Appendix A, Figure 1 - Zone Map). In response to Proposition 218, passed November 5, 1996 and as now provided by California Constitution Article XIIID Section 5(a), this Assessment District will only finance the capital costs, maintenance and operation expenses for sidewalks, streets, flood control and drainage. All other maintenance that is not exempt from Proposition 218 has been removed from this District. The City has determined that by removing the non - exempt costs that the remaining improvements may continue to be paid for through the assessment district without being subjected to the procedures and requirements of Proposition 218. The City has determined that all of the remaining improvements and maintenance are exempt from requirements of Proposition 218. Agenda Item No. r1— Q: \ELSWORE\LLMD \fy07- 08\Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page 1--3 of F/ City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 2 The City will not increase the assessment district rates for Fiscal Year 2007 -08. To the extent any parcel changes its land use, thereby placing the parcel in a different rate category is not deemed to be an increase in rates. Parcels or lots within these special benefit zones are assessed for the maintenance of local improvements including but not limited to tree maintenance, site specific street lighting and site specific landscaping. These improvements provide a special benefit to those parcels due to their nature and location. In addition to their proportionate share of the cost for the maintenance of these local improvements, those parcels within a special benefit zone are also assessed for those improvements designated as of Citywide benefit. As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be maintained by the District for FY 2007 -08, provides an estimated budget by benefit zone, and lists the assessments to be levied upon each assessable lot or parcel within the District. Agenda Item No. Q Q: \ELSINORE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page /// of City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 3 SECTION II ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE & STREET LIGHTING DISTRICT Fiscal Year 2007 -08 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with Resolution No. 88 -27, adopted by the Council of the City of Lake Elsinore, State of California, in connection with the proceedings for: CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING ASSESSMENT DISTRICT Herein after referred to as the "Assessment District ", I, Jeffrey M. Cooper, P.E., the duly appointed ENGINEER OF WORK, submit herewith the 'Report" consisting of six (6) parts as follows: PART Plans and specifications for the proposed improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Clerk of the City. PART H An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the Clerk of the City. PART III An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. Agenda Item No. oLa QA ELSINORE \LLMD \fy07- 08 \StaffReports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page 1:5, of City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 4 PART IV A proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels, is set forth upon the assessment roll filed herewith and made part hereof. Contains a description of the work for the proposed improvements and description of all rights -of -way, easements and lands to be acquired, if necessary. PART V A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside, or as known to the Clerk. The list is keyed to the records of the County of Assessor of the County of Riverside, which are incorporated herein by reference. PART VI A diagram of the Assessment District Boundaries, showing the exterior boundaries of the Assessment District and the boundaries of any zones within the Assessment District, has been submitted to the Clerk of the City, and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for the year in which this Report was prepared, and are incorporated herein by reference and made part of this Report. Q: \ELSINORE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Agenda Item No. a �)- Page 16 of 8Y City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 5 PART I DESCRIPTION OF IMPROVEMENTS The facilities to be maintained and serviced are more generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE AND STREET LIGHTING ASSESSMENT DISTRICT Improvements to be performed are: installation, construction, operation and/or maintenance of street lights and landscaping, including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services and other items necessary for the satisfactory operation of these services. No detailed plans and specifications are provided herein. STREET LIGHTING Street lighting improvements include but are not limited to: the current payments to Southern California Edison Company (SCE) for electrical energy, installation, maintenance, and operation of approximately 2,422 total lights and 17 traffic signals. LANDSCAPING Landscaping improvements include but are not limited to: irrigation, cultivation, installation and replacement of plant material, tree trimming, and other necessary supplies; personnel, utility, and equipment costs; contract services where applicable; care and maintenance of approximately fifteen (15) acres of lake beaches, and approximately thirty -four (34) acres of streetscapes. Agenda Item No. QAELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L..E. Citywide LLMD engrep07.doc Page /7 of City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 6 PART II ESTIMATE OF COST The 2007 -08 fiscal year expenditures (or costs) for the proposed district are estimated as follows: STREET LIGHTING The City is currently paying for the operation of approximately 2,422 street lights; 185 are City - owned lights and 2,237 are utility -owned lights. Street lighting also includes costs for maintaining 17 traffic signal lights and traffic signal maintenance within the City. It has been determined that all properties within the City benefit from lighting and signalization on major streets; therefore, a proportional share of the cost are spread to all parcels in the City. It has further been determined that street lights on secondary streets benefit all properties within the City and adjacent local benefit areas. Therefore, these costs are split evenly, half going to major street lighting and the other half to local lighting benefit areas. Therefore, the total amounts to be spread for the Major Street direct benefit of street lighting and for each of the level of services are as follows: MAJOR STREET LIGHTING AND TRAFFIC SIGNALIZATION TO BE SPREAD: Light Expenses $71,030 Traffic Signals $52,390 Administrative Costs $33,680 Capital Improvements: Street Light Installation - Samuel Avenue $30,000 Total Major Street Light Expenses = $187,100 WESTSIDE AREA LIGHTING TO BE SPREAD: Light Expenses $56,830 MID -TOWN AREA LIGHTING TO BE SPREAD: Light Expenses $43,140 AREA "C" LIGHTING TO BE SPREAD: Light Expenses $3,200 AREA "D" LIGHTING TO BE SPREAD: Light Expenses $11,300 EASTSIDE AREA LIGHTING TO BE SPREAD: Light Expenses $8,520 The total amount that is required for street lighting and traffic signalization in the 2007 -08 fiscal year is $310,090. Agenda Item No. QAELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page I V of City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 7 LANDSCAPING It has been determined that wetlands, landscaping and erosion protection for a levee, major street landscaping, beaches and beach water testing, benefits all properties within the City; therefore, a proportional share of the cost are spread to all parcels in the City whether or not there is local street landscaping. The cost of local site - specific street landscaping not on a major street is spread to those areas that have a local benefit from the site - specific street landscaping. The total amounts to be spread for the Citywide direct benefit of landscaping and for local site specific areas of landscaping are as follows: MAJOR STREET DIRECT BENEFIT LANDSCAPING TO BE SPREAD: Major Street & Admin. $393,250 Beach, Levee & Wetlands $125,020 Capital Improvements: Median Landscaping - Grand Avenue $50,000 Total Major Street Landscaping $568,270 SITE - SPECIFIC LANDSCAPING AREAS TO BE SPREAD: AREA A $2,500 AREA B $5,160 AREA C $2,790 AREA D $4,200 AREA E $3,430 AREA F $265,610 AREA G $3,060 AREA H $10,260 AREA I $0 Total Site - Specific Landscaping Expenses $297,010 STREET TREE MAINTENANCE AREAS TO BE SPREAD: AREA 1 $10,850 AREA 2 $45,980 AREA 3 $23,270 AREA 4 $5,600 AREA 5 $2,690 Total Tree Maintenance Landscaping Expenses $88,390 The total amount required for landscaping assessment in the 2007 -08 fiscal year is $953,670. Agenda Item No. -.)— %- Q: \ELSWORE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page � of City of Lake Elsinore May 31, 2007 Citywide landscape & Street Lighting District Engineer's Report - FY 2007 -08 Page 8 PART III ASSESSMENT ROLL The proposed assessment and the amount of assessment for Fiscal Year 2007 -08 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office are appended herein and submitted separately as Appendix C of the City of Lake Elsinore Engineer's Report for Citywide Landscape & Street Lighting District, Fiscal Year 2007 -08. The description of each lot or parcel is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. The total assessment for the 2007 -08 Fiscal Year is $1,263,760. Agenda Item No. Q: \ELSWORE\LLMD \fy07- 08\Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Pagel) of City of Lake Elsinore Citywide Landscape & Street Lighting District Engineer's Reoort — FY 2007 -08 PART IV METHOD OF APPORTIONMENT OF ASSESSMENT A. GENERAL May 31, 2007 Paae 9 Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which includes installation, construction, and maintenance and operation of street lights and street landscaping. The 1972 Act requires that the assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (S &H 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." Excepted from the assessment would be the areas of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements and rights of way, all public parks, greenbelts and parkways and all public school property, other public property, mineral rights, and designated open space. Public utility owned properties would be included in the assessment district and assessed in accordance with benefits received. B. PARCEL CLASSIFICATION Since the assessment will be levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread by parcel in various zones, not considering land use, this would not be equitable, because a single family parcel would be paying the same as a 50 -unit apartment parcel or a large commercial establishment in a similar zone. QAELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Agenda Item No. c;), Q� Page -;� of U City of Lake Elsinore May 31, 2007 Citywide landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 10 It has been determined that the residential parcels will be assessed by the number of dwelling units on each parcel; commercial and industrial property by the area of the parcel. The single family parcel has been selected as the basic unit for calculation of the assessments. Parcels of other land uses are reduced to Equivalent Dwelling Units (EDU), in the manner described below: Multiple Residential parcels, including mobile homes, are adjusted in accordance with a multiple residential factor, determined by statistical proportion of relative trip generation from various types of residential uses, in combination with population density per unit. Studies have found that in multiple residential areas, the primary beneficiaries of street lighting are the tenants rather than the property owners because of increased safety and security. It was concluded that it is proper to "pass through" such an assessment to renters. Therefore, although benefit assessments are normally property related, it is deemed valid to equate a portion of the assessment methodology to the population density of the dwelling units. Based on data from representative cities in Southern California, the multiple residential factor is 80 percent. For example, a 100 unit apartment parcel would be assessed 80 times a single family unit parcel; rather than 100 times. 2. Condominium parcels are adjusted in accordance with the multiple residential factor of 80 percent because of the high population density of dwelling units. 3. Commercial and Industrial parcels are assessed on the basis of the area of the parcel. Seven thousand two hundred (7,200) square feet of land has been equated to one EDU based on the minimum lot size for single family parcels. Therefore, one acre is equivalent to 6 EDU. 4. Nonprofit or Property Tax Exempt parcels such as churches, private schools, private hospitals, boys' clubs, women's clubs, YMCA, etc., receive equal benefits from this type of district and are assessed. 5. Public Utility Owned parcels such as office buildings, plants and yards will be assessed the same as other similar land uses. 6. Vacant parcel assessments are adjusted by a factor of 20 percent. All vacant parcels will receive 0.2 EDUs for the first acre and 1.2 EDUs (6 * 0.2) for each additional acre. Agenda Item No. Q: \ELSWORE\LLMD \fy07- 08\Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page of City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report FY 2007-08 Pagel l In summary, Equivalent Dwelling Units have been determined to be as follows: Single Family Residential Multiple Residential, Mobile Homes, Condominiums Commercial /Industrial (minimum of 1 EDU per parcel) Agricultural (minimum of 1 EDU per parcel) Vacant (minimum of 0.2 EDU per parcel) 1 DU= 1 EDU 1 DU = 0.8 EDU 1 AC = 6 EDU 1 AC = 6 EDU 1 AC = 0.2 EDU, 1.2 EDU /each add'1 acre. Therefore, as previously stated, it is proposed to spread assessments by the number of dwelling units on a parcel in residential areas, and by the area of the parcel in commercial and industrial areas. C. CATEGORIES OF BENEFIT Street Lighting A portion of the benefits for certain improvements may be spread over all parcels of the City on an equitable basis. This applies to street lighting and traffic signals on major streets, since vehicles emanating from all parcels throughout the City use these streets and receive a benefit from the additional safety and security provided by the lights. The cost of street lights on secondary streets are split evenly, half going to Major streets and the other half going to local lighting benefit areas based upon levels of service. The balance of the street lighting costs, which are spread as a benefit assessment to parcels, depend upon levels of service. The levels of service, relative to local lighting benefits, are broken down into six separate categories: Westside Lighting - westside areas with street lights Eastside Lighting - eastside areas with street lights Midtown Lighting - midtown and southside areas with street lighting Area "C" - street lights serving Tract 19402 Units 1 & 2 Area "D" - street lights serving Tract 18719 Units 1 - 5. No lighting - street lights are spaced over 300 feet apart. In areas where there is no lighting, there is no local benefit assessment levied. Agenda Item No. Q QAELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page .73 of U City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report - FY 2007 -08 Page 12 Landscaping Maintaining the street trees and street medians protects the street from erosion, depth and from tree limbs from falling into or blocking the roadway. The costs of landscaping on major streets, wetlands, levee beaches and beach water testing are spread as a direct benefit assessment to all parcels. Costs associated with landscaping on secondary streets are spread both Citywide and to the parcels that receive local benefits. Those costs are split evenly, half going to Citywide and the other half to the site - specific street landscape area. The street landscaping costs on the remaining streets are spread to all parcels in the neighborhoods with local benefits. Major streets are defined as Arterial (110') and Major Streets (100) per City of Lake Elsinore General Plan, they are: Highway 74, Lakeshore Drive, Main Street, Riverside Drive, Robb Road, Grand Avenue, Mission Trail, Railroad Canyon Road, Diamond Drive, Corydon Street, Summerhill Drive from Railroad Canyon Road to Riverside Street, Tuscany Hills Parkways, and Grape Street. Per the "City of Lake Elsinore General Plan 1992 Land Use Map ", the following existing streets are classified as secondary (88'): Machado Street from Grand Avenue to Lakeshore Drive, Dexter Avenue, Sixth Avenue from Casino Drive to Lakeshore Drive, Terra Cotta Road from Lakeshore Drive to Nichols Road, Lincoln Street from Lakeshore Drive to Nichols Road, Lincoln Street from Grand Avenue to Riverside Drive, Lincoln from Machado Street to Shore Cliff Drive, Chaney Street from Lakeshore Drive to Dexter Avenue, Graham Avenue from Lakeshore Drive to Main Street, and Pottery Street from Main Street to Franklin Avenue. The remaining City streets are classified below the secondary street level. There are nine areas with specific local benefits due to landscaping. They are as follows: Area "A" - landscaping along Machado at the Grand Ave intersection Area "B" - landscaping along Madison & Garfield Streets Area "C" - landscaping in Tract 19402 Area "D" - landscaping along Terra Cotta Road Area "E" - landscaping in Tract 19344 - Serenity Area "F" - landscaping and slope maintenance adjacent to Summerhill Drive, but not in the road right -of -way Area "G" - landscaping along east side of Machado Street between Lincoln and Lakeshore Area "H" - landscaping at Orange Grove Way Area "I" - landscaping along Lincoln Avenue Q: \ELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L..E. Citywide LLMD engrep07.doc Agenda Item No. 1Z C_ Page ` of F/ City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 13 The costs of the Assessment District's incidental expenses are spread as a Citywide direct benefit assessment. The costs for the maintenance of trees in designated areas are spread to the parcels that receive local benefit. See Appendix A, Figure 4 - Tree Maintenance Areas, for the delineation of the five tree maintenance zones. D. BENEFIT ZONES A system of zones, encompassing both street lighting and street landscaping levels of service, has been developed. These zones, combined with an assigned land use based on the County- assigned use code for each parcel, have been used as the methodology for spreading the assessments to each parcel within the City. The County - assigned use codes and a brief description of them are shown in Appendix B. The zones are as follows (See Appendix A, Figures 1 -4): ZONE A - Major street lighting and Major Street landscape benefits only. ZONE B - Major street lighting, Major Street landscape benefits, and site - specific lighting (midtown area), and tree maintenance Area 1. ZONE C - Major street lighting, Major Street landscape benefits, and tree maintenance Area 1. ZONE D - Major street lighting, Major street landscape benefits, site - specific lighting (midtown area), and tree maintenance Area 2. ZONE E - Major street lighting, Major street landscape benefits, and tree maintenance Area 3. ZONE F - Major street lighting, Major street landscaping benefits, and tree maintenance Area 4. ZONE G - Major street lighting, Major street landscaping benefits, and site - specific lighting (Westside Area). ZONE H - Major street lighting, Major street landscaping benefits, site - specific lighting (Westside Area), and tree maintenance Area 5. ZONE I - Major street lighting, Major street landscaping benefits, and tree maintenance Area 5. ZONE J - Major street lighting, Major street landscaping benefits, site - specific lighting (Westside Area), site specific landscaping Area A, and tree maintenance Area 5. Agenda Item No. Q: \ELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page ,;Z Sof City of Lake Elsinore May 31, 2007 Citywide landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 14 ZONE K - Major street lighting, Major street landscaping benefits, site specific lighting (Westside Area), site specific landscaping Area B, and tree maintenance Area 5. ZONE L - Major street lighting, Major street landscaping benefits, site specific landscaping Area C, site specific lighting Area C, and tree maintenance Area 5. ZONE M - Major street lighting, Major street landscaping benefits, site specific lighting Area D, and site specific landscape Area D. ZONE N - Major street lighting, Major street landscaping benefits, site specific landscaping Area E. ZONE O - Major street lighting, Major street landscaping benefits, and site specific landscaping Area F. ZONE P - Major street lighting, Major street landscaping benefits, site specific lighting (Westside Area), site specific landscaping Area G, and tree maintenance Area 5. ZONE Q - Major street lighting, Major street landscaping benefits, site specific landscaping Area G, and tree maintenance Area 5. ZONE R - Major street lighting, Major street landscaping benefits, site specific lighting, Area D and site specific landscaping Area H. ZONE S - Major street lighting, Major street landscaping benefits, site specific lighting (Westside Area) and tree maintenance Area 3. ZONE T - Major street lighting, Major street landscaping benefits, site specific lighting (Eastside) and site specific landscaping Area F. ZONE U - Major street lighting, Major street landscaping benefits, site specific lighting (Westside Area) and site specific landscaping Area I. E. ASSESSMENT RATES The following tables (Exhibits I, II and IIl) summarize the parcel information and assessment rates for the budgets shown in Part H for FY 2007 -08. Exhibits I and II summarize the parcel data for the District based upon the information obtained from the County of Riverside Assessor's Office and the calculation of EDUs using the methodology described in Section II, Part IV. Exhibit III is a summary of the rates per improvement and benefit zone for determining the assessment rate to be levied per EDU based upon the proposed budget for FY 2007 -08. See Appendix C (Assessment Roll) for the preliminary assessments per parcel. Agenda Item No. Q:\ELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page � of V City of Lake Elsinore May 31, 2007 Citywide landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 15 F. ADMINISTRATION It is recognized that using the information on the County Assessor's tapes as the primary source for the assessment formula may lead to circumstances and errors that do not fit the intent of this program when dealing with specific parcels. Where such circumstances are discovered, either by the persons administrating this program or by the owners of the properties affected, such circumstances shall be reported to the Director of Administrative Services, who may make such final corrections or adjustments as are consistent with the concept, intent and parameters of the programs set forth herein. Agenda Item No. I— Q: \ELSINORE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doe Page c. �70f City of Lake Elsinore May 31, 2007 Citywide landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 16 PART V PROPERTY OWNERS LIST The property owner list with the names and addresses of each property owner of each lot or parcel, as shown on the Assessment Diagram in Part VI herein, is the list of property owners shown on the last equalized roll of the County Assessor of the County of Riverside and is, by reference, made part of this report (see Part III, Assessment Roll). Agenda Item No. , - )-- Q: \ELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROM.E. Citywide LLMD engrep07.doc Page -�r of U/ City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 17 PART VI ASSESSMENT DIAGRAM An Assessment Diagram for the Assessment District has been submitted to the Clerk of the City in the format required under the provision of the Act. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the County Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. Agenda Item No. Q:\ELSINORE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page of City of Lake Elsinore May 31, 2007 Citywide Landscape & Street Lighting District Engineer's Report — FY 2007 -08 Page 18 EXHIBIT I SUMMARY OF PARCEL DATA Description Number of Parcels Acreage Equivalent Dwelling' Units (EDU) Single Family Residential 10,893 N/A 10,893.00 Multiple Residential / Mobile Homes 313 N/A 581.60 Apartments / Condominiums 649 N/A 1,856.00 Commercial / Industrial 533 701.78 4,271.88 Vacant Parcels 10,450 10,129.18 12,411.25 Utility Parcels 20 50.54 310.08 Exempt Parcels 1,767 N/A - TOTAL 24,625 10,881.50 30,323.81 EXHIBIT II SUMMARY OF ZONE - EDU DATA Zone EDU Zone EDU Zone EDU A 17,801.34 H 1,672.32 O 1,202.32 B 215.60 1 771.27 P 42.00 C 1,473.84 J 63.00 Q 43.20 D 1,787.16 K 234.94 R 341.00 E 1,406.84 L 126.00 S 121.46 F 534.56 M 246.53 T 221.77 G 1,711.67 N 89.00 U 218.00 30,323.81 Agenda Item No. QAELSIN0RE\LLMD \fy07 -08 \Staff Reports & Resos\ROI\L.E. Citywide LLMD engrep07.doc Page 31D of N § � � _§ �\ § V) ui � t � k e� k} )� #f | . o= w o = -, , Z o o e r § 7 § } ! . . . . . . , w . . , . . � ° ~ ~ � §■. �k § . g 7 « , U ; - a° _ ; 7 ct k k 2 © m ; ! # § cli @ uj § ) ) ) ( \ ) ) ( ) \ ) ) ( ) ) \ ) ) ( ( \ k §k ! | ~ 2 e$ a f [o 3 5 5 5 3 3 5 3 3 5 5 3 5 5\ 3 5§ 3 5 5 \ m q s w • kg f f , ® , , � , , ` \ ( (76 % � \ / \ \ ¢ Engineer's Report for Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 City of Lake Elsinore Riverside County, California Prepared by: Associates. : i ]I Harris & May 31, 2007 AGENDA ITEM NO.,..._J� PAQE OF City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 May 31, 2007 Page i ENGINEER'S REPORT LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that she is a Professional Engineer, registered in the State of California. DATED: May 31, 2007 BY: Joan E. Cox R.C.E. No. 41965 n41965 * \EXP. 3/31/08 /fit sT�rF c OF CL P, I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the _ day of , 2007. City Clerk, City of Lake Elsinore Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California, on the _ day of , 2007. City Clerk, City of Lake Elsinore Riverside County, California IIn QAELSIN0RE \LLMD1 \ty07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc Agenda Item No. �2 °)- Page i:�3 of TL City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page ii ENGINEER'S REPORT LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 TABLE OF CONTENTS Certificates.......................................................................... ............................... i Report................................................................................ ............................... 1 Part A - Plans and Specifications .......................... ............................... 3 Part B - Estimate of Cost ....................................... ............................... 6 Part C - Assessment Roll .................................... ............................... 15 Part D - Method of Apportionment of Assessment ............................ 16 Part E - Property Owner List ............................... ............................... 29 Part F - Assessment District Boundary ............... ............................... 29 Agenda Item No. p-c� Page -3�-of iff/ QAELSIN0RE\LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 1 CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 through 22679), Article XIIID of The California Constitution, and The Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 Et Seq.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore, State of California, in connection with the proceedings for: CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I hereinafter referred to as the "Assessment District" or "District ", I, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PART B An estimate of the cost of the proposed improvements for FY 2007 -08, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. Agenda Item No. 12c-)- Page 3sof QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 2 PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels. PART E A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside. PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. Agenda Item No. Page -36 of -V— QAELSINORE \LLMD1Vy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2007 -08 The facilities to be maintained and serviced include landscaping for the specific Maintenance District as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees, turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights -of -way, parkways, slopes and dedicated easements within the boundaries of said Maintenance District. Zone 1 (original District) - Encompasses the Water Ridge Development and funds landscape and street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 10,039 square feet of landscaping and 49 street lights. Zone 2 (Annexation No. 1) — Encompasses the Elsinore Homes Development and funds landscape and street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 5,850 square feet of landscaping and 16 street lights. Zone 3 (Annexation No. 2) — Encompasses the Pepper Grove Development and funds landscape and street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 22,560 square feet of landscaping and 4 street lights. Zone 4 (Annexation No. 3) — Encompasses the Serenity Development and funds landscape and street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 630 square feet of landscaping and 63 street lights. The amount of landscaping has been increased to include approximately 9.52 acres of neighborhood park landscaping. Zone 5 (Annexation No. 4) — Encompasses the Rosetta Canyon Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 263 street lights. Zone 6 (Annexation No. 5) — Encompasses the La Laguna Phase 3 Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 28 street lights. Zone 7 (Annexation No. 6) — Encompasses Tract 28214 of the Alberhill Ranch Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 244 street lights. Zone 8 (Annexation No. 7) — Encompasses Tract 32670 of the Belcaro Development and funds landscape maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 1,080 square feet of landscaping. Agenda Item No. a 44— Page 3 / of QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 4 Zone 9 (Annexation No. 8) — Encompasses Tract 32077 of the La Strada Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 36 street lights. Zone 10 (Annexation No. 9) — Encompasses Tracts 30698 and 32129 of the Clurman -owned development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 38 street lights. Zone 11 (Annexation No. 10) — Encompasses Tract 31920 -1 of the Summerly Development and funds park landscaping and street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 4.77 acres of landscaping and 464 street lights. Zone 12 (Annexation No. 11) — Encompasses Tract 31957 of the development owned by Lake Elsinore 80 SFR LLC and funds landscaping and street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 116,531 square feet of landscaping and 24 street lights. Zone 13 (Annexation No. 12) — Encompasses Tract 33370 of the Tessera Development and funds landscaping and street lighting maintenance and operations. The facilities within the public right -of- way that are to be maintained and serviced include approximately 13,100 square feet of landscaping and 7 street lights. Zone 14 (Annexation No. 13) — Encompasses Tract 31792 of the Wasson Canyon Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 46 street lights. Zone 15 (Annexation No. 14) — Encompasses Tract 34231 of the Trieste Development and funds landscaping and street lighting maintenance and operations. The facilities within the public right -of- way that are to be maintained and serviced include approximately 25,079 square feet of landscaping (along Ardenwood Way) and 9 street lights. Zone 16 (Annexation No. 15) — Encompasses the Ridgestone Apartments Development and funds landscape maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include approximately 1,100 square feet of landscaping (along Ardenwood Way), and future maintenance of 10,850 square feet of landscaping along Highway 74 (if maintenance is taken over by the City). Zone 17 (Annexation No. 16) — Encompasses Tract 32503 of the Rosetta Canyon Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 15 street lights. Zone 18 (Annexation No. 17) — Encompasses Tract 32337 -1 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 36 street lights. Zone 19 (Annexation No. 17) — Encompasses Tract 32337 -2 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations. The facilities within the public right -of -way that are to be maintained and serviced include 16 street lights. Agenda Item No. °21 QAELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc Page-38, age -3 of V City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 5 Maintenance for landscaping means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Maintenance for street lights means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lights and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lights or appurtenant facilities. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities. The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference. Agenda Item No. D' 6)-" Page-3/ of FL Q: \ELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 May 31, 2007 Page 6 PART B ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the landscaping and street light improvements for Fiscal Year 2007 -08, as described in Part A, are summarized herein and described below. LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Proposed Budeet — Fiscal Year 2007 -08 Zone 1 (Water Ridge) Landscaping Operations and Maintenance $3,341.76 Reserve (10 %) $334.18 Sub -Total $3,675.94 Street Lightiu Operations and Maintenance $8,853.80 Reserve (10 %) $885.38 Sub -Total $9,739.18 Total Estimated Costs $13,415.12 2007 Fund Balance (Reserve) ($1,219.56) Total Assessment FY 2007 -08 $12,195.56 Zone 2 (Elsinore Homes) Landscaping Operations and Maintenance $1,904.64 Reserve (50 %) $952.32 Sub -Total $2,856.96 Street Liehtin Operations and Maintenance $2,827.12 Reserve (50 %) $1,413.56 Sub -Total $4,240.68 District Administration $936.36 Total Estimated Costs $8,034.00 2007 Fund Balance (Reserve) ($2,365.88) Total Assessment FY 2007 -08 $5,668.12 Agenda Item N� o. 99- [f Page / 0 of Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 Zone 3 (Pepper Grove) Landscaping Operations and Maintenance Reserve (50 %) Sub -Total Street Lighting Operations and Maintenance Reserve (50 %) Sub -Total District Administration Total Estimated Costs 2007 Fund Balance (Reserve) Total Assessment FY 2007 -08 Zone 4 (Serenity) Landscaping Operations and Maintenance Reserve (50 %) Sub -Total Street Li hg tiny Operations and Maintenance Reserve (50 %) Sub -Total Park Landscaping Operations and Maintenance Capital Reserve Capital Replacement Sub -Total District Administration Total Estimated Costs 2007 Fund Balance (Reserve) Total Assessment FY 2007 -08 QAELSIN0RE \LLMD1Vy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc May 31, 2007 Page 7 $7,363.58 $3,681.79 $11,045.37 $708.90 354.45 $1,063.35 $918.00 $13,026.72 ($4,036.24) $8,990.48 $201.60 100.80 $302.40 $11,214.00 $5,607.00 $16,821.00 $0.00 $9,000.00 $9,000.00 $18,000.00 $900.00 $36,023.40 ($23,707.80) $12,315.60 Agenda Item No. Page/—// of City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No.1 Page 8 Reserve (50 %) $2,492.00 Zone 5 (Rosetta Canyon) $7,476.00 Phase 1 $900.00 Operations and Maintenance $21,182.00 Reserve (50 %) $10,591.00 Sub -Total $31,773.00 Phase 2 Operations and Maintenance $26,555.04 Reserve (50 %) $13,277.52 Sub -Total $39,832.56 District Administration $900.00 Total Estimated Costs $72,505.56 2007 Fund Balance (Phase I Reserve) ($10,591.00) Total Assessment FY 2007 -08 $61,914.56 Zone 6 (La Laguna - Phase 3) Operations and Maintenance $4,984.00 Reserve (50 %) $2,492.00 Sub -Total $7,476.00 District Administration $900.00 Total Estimated Costs $8,376.00 2007 Fund Balance (Reserve) ($2,492.00) Total Assessment FY 2007 -08 $5,884.00 Zone 7 (Alberhill Ranch) Operations and Maintenance $39,683.08 Reserve (50 %) $21,716.00 Sub -Total $61,399.08 District Administration $900.00 Total Estimated Costs $62,299.08 2007 Fund Balance (Reserve) ($21,716.00) Total Assessment FY 2007 -08 $40,593.08 Agenda Item No. Page Y.-. of V_ QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 Zone 8 (Belcaro) Operations and Maintenance Reserve (50 %) Sub -Total District Administration Total Estimated Costs 2007 Fund Balance (Reserve) Total Assessment FY 2007 -08 Zone 9 (La Strada) Operations and Maintenance Reserve (50 %) Sub -Total District Administration Total Estimated Costs 2007 Fund Balance Total Assessment FY 2007 -08 Zone 10 (Tracts 30698 & 32129) Operations and Maintenance Reserve (50 %) Sub -Total District Administration Total Estimated Costs 2007 Fund Balance Total Assessment FY 2007 -08 Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc May 31, 2007 Page 9 $356.40 178.20 $534.60 $500.00 $1,034.60 ($178.20) $856.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Agenda Item No. oZ'� Page `-' 3of City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 10 Zone 11 (Summerly) Park Landscaping Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 Street Lighting Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $0.00 Total Estimated Costs $0.00 2007 Fund Balance $77,194.00 Total Assessment FY 2007 -08 $0.00 Zone 12 (Tract 31957) Landscaping Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 Street Lighting Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $0.00 Total Estimated Costs $0.00 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $0.00 Agenda Item No. /�j � Page `T� T of Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 Zone 13 (Tessera) Landscaping $8,808.51 Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 Street Lighting $14,112.76 Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $0.00 Total Estimated Costs $0.00 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $0.00 Zone 14 (Wasson Canyon) Operations and Maintenance $8,808.51 Reserve (50 %) $4,404.25 Sub -Total $13,212.76 District Administration $900.00 Total Estimated Costs $14,112.76 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $14,112.76 Zone 15 (Trieste) May 31, 2007 Page 11 Landscaping Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 Street Lighting Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $0.00 Total Estimated Costs $0.00 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $0.00 Agenda Item No. off - Page of Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc May 31, 2007 City of Lake Elsinore Page 12 Landscape and Street Lighting Maintenance District No. 1 Zone 16 (Ridgestone Apartments) Ardenwood WU Operations and Maintenance $378.68 Reserve (50 %) 1�, 89.34 Sub -Total $568.02 Future Maintenance — Highway 74 Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $500.00 Total Estimated Costs $1,068.02 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $1,068.02 Zone 17 (Tract 32503) Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $0.00 Total Estimated Costs $0.00 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $0.00 Zones 18 & 19 (La Laguna Phases 4 & 5) Zone 18 Operations and Maintenance $0.00 Reserve (50%) $3,446.81 Sub -Total $3,446.81 District Administration $500.00 Total Estimated Costs $3,946.81 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $3,946.81 Agenda Item No. Page _YL of Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 Zone 19 Operations and Maintenance $0.00 Reserve (50 %) $0.00 Sub -Total $0.00 District Administration $0.00 Total Estimated Costs $0.00 2007 Fund Balance $0.00 Total Assessment FY 2007 -08 $0.00 Summary May 31, 2007 Page 13 • For Zones 1 through 4, Zone 5 (Phase I), and Zones 6 through 8, the Reserve amount was previously collected and therefore is not included in the assessment for FY 2007 -08. • For Zones 9 through 13, Zone 15, Zone 17 and Zone 19, no assessment will be collected for FY 2007 -08 since no improvements have been completed. • For Zone 5 (Phase II), Zone 14 and Zone 16 (Ardenwood Way portion), the full costs assessed for FY 2007 -08 include the Reserve amount and Administration cost. Agenda Item No. Page �17 of Q: \ELS1NORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc FY 2007 -08 Zone Assessment 1 $12,195.56 2 $5,668.12 3 $8,990.48 4 $12,315.60 5 $61,914.56 6 $5,884.00 7 $40,593.08 8 $856.40 9 $0.00 10 $0.00 11 $0.00 12 $0.00 13 $0.00 14 $14,112.76 15 $0.00 16 $1,068.02 17 $0.00 18 $3,946.81 19 $0.00 Total $167,545.39 May 31, 2007 Page 13 • For Zones 1 through 4, Zone 5 (Phase I), and Zones 6 through 8, the Reserve amount was previously collected and therefore is not included in the assessment for FY 2007 -08. • For Zones 9 through 13, Zone 15, Zone 17 and Zone 19, no assessment will be collected for FY 2007 -08 since no improvements have been completed. • For Zone 5 (Phase II), Zone 14 and Zone 16 (Ardenwood Way portion), the full costs assessed for FY 2007 -08 include the Reserve amount and Administration cost. Agenda Item No. Page �17 of Q: \ELS1NORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 14 • For Zone 18, the costs assessed for FY 2007 -08 only include the Reserve amount and Administration cost since no improvements have been completed, however construction has begun. • The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Agenda Item No. ILI' of Q: \ELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No.1 Page 15 PART C ASSESSMENT ROLL The proposed assessment and the amount of assessment for Fiscal Year 2007 -08 apportioned to each lot or parcel, as shown on the latest roll at the Riverside County Assessor's Office, are appended herein and submitted separately as Appendix C of the City of Lake Elsinore Engineer's Report for Landscape and Street Lighting Maintenance District No. 1, Fiscal Year 2007 -08. The description of each lot or parcel is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. Agenda Item No. Page '?of QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLM01 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 16 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment district by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping. Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements. (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. Article XIIID also requires that publicly owned property which benefit from the improvements be assessed. REASON FOR THE ASSESSMENT The assessment is proposed to be levied to pay for the costs of the construction, servicing and maintenance of landscaping, street lighting and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City ,..." Agenda Item No. Q ifs' Page 5-D of v/ Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 17 It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. The ongoing operation and maintenance of the street landscaping, slopes and greenways within the individual district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted. The City of Lake Elsinore considers the maintenance and upkeep of parkways and adjacent slopes to be the responsibility of the adjacent development due to the added beautification of the local community which extends to the perimeter of the development. Street Lighting. Proper maintenance and operation of the streetlights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area. BENEFITS OF STREET LIGHTING Security and Safety • Mitigates crime • Alleviates the fear of crime • Enhances safe ingress /egress to property Community Character and Vitality • Promotes social interaction • Promotes business and industry • Contributes to a positive nighttime visual image Improvements that provide a special benefit to an isolated group of parcels of land located within the District are considered to be a localized benefit, and the costs associated with these improvements are assessed to all assessable parcels receiving the localized benefit. Localized benefits include the construction, operation, servicing and maintenance of the improvements that only benefit the parcels located within the localized areas. Localized Improvements — Parcels that have localized landscaping such as entryway landscaping, parkway landscaping, etc., and street lighting adjacent to or near their parcels directly benefit from the improvements and are assessed for the costs of the localized improvements. ASSESSMENT METHODOLOGY The maximum annual maintenance assessments shall be increased each year by 2 %. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. To establish the special benefit to the individual parcels within the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from landscaping and/or streetlights. The single- family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses within each zone to the SFD residential land use as described below. QAELSIN0RE \LLMD1 \ty07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc Agenda Item No. Page 5L of K City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 18 Zone 1 The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 1. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 133 $104.95 $91.70 $12,195.56 Zone 2 The parcels of land in Zone 2 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 2. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 50 $167.18 $113.36 $5,668.12 Zone 3 The parcels of land in Zone 3 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 3. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 29 $467.35 $310.02 $8,990.48 Zone 4 The parcels of land in Zone 4 are single family residential (SFR) lots. The costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis as each of these lots benefit equally from the maintenance of these improvements. Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 4 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. Agenda Item No. 2J� Page 5::), of —Y Q: \ELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 19 The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single- family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Types of Benefit Within the Serenity development (Zone 4) boundary is a 9.52 -acre neighborhood park. As a condition of development, the developer must provide for the on -going operation and maintenance of the landscaping improvements for said park. Development Benefit All 233 parcels within the development were classified as having a development benefit, since the creation of this funding mechanism satisfies a condition of approval for the development. Service Benefit A neighborhood park, by definition, is a park of typically 5 to 20 acres in size and serving an area from '/4 mile up to '/2 mile distance, which is generally within walking distance of the park. The park within the Zone 4 boundary is small in size (less than 10 acres); therefore a service area radius of '/4 mile is used for calculating assessments. All parcels within Zone 4 that are in the '/4 mile radius will be assessed for service benefit, in addition to the development benefit, due to their proximity to the park. General Benefit Parcels that are within the '/4 mile radius but not within the District boundaries are considered to receive general, rather than special, benefit and are therefore not assessed. The table below provides the FY 2007 -08 assessment apportionment for Zone 4. Agenda Item No. Page 5.3 of Fj QAELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc Max. Maint. Asmt Actual Asmt Total Asmt Benefit Type EDU's per EDU per EDU For District Landscape & St Light 233 $80.47 $52.86 $12,315.60 Park - Development 233 $88.93 $0.00 $0.00 Park - Service 158 $64.10 $0.00 $0.00 $12,315.60 Agenda Item No. Page 5.3 of Fj QAELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 20 Zone 5 The parcels of land in Zone 5 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 5. Max. Maint. Asmt Actual Asmt Total Asmt Phase EDU's per EDU per EDU For District 1 509 $65.96 $42.59 $21,680.14 2 503 $81.60 $79.99 $40,234.42 $61,914.56 Zone 6 The parcels of land in Zone 6 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 6. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 98 $88.91 $60.04 $5,884.00 Zone 7 Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 7 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Condominiums. Condominiums will be assessed equivalent to a single - family detached; therefore 1 EDU per unit. Multi- family Residences (Apartments). Multi- family residential parcel equivalencies are determined by multiplying the number of dwelling units on each parcel by 0.75, due to the relative population density of this type of dwelling unit and reduced unit size compared to the typical density and size of an SFD. Studies have consistently shown that the average apartment unit impacts infrastructure approximately 75% as much as a single - family residence. (Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf & Eddy, Agenda Item No. 11_ )" Page O� of 8/ QAELSINORE \LLMD1Vy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 21 Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Trip generation and wastewater usage are a function of population density. Based on this, it is concluded that other infrastructure will be similarly impacted at a reduced level. The smaller average unit size of multiple - residential parcels result in a lesser enhancement per unit to property values. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single- family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU's per acre or any portion thereof. Open Space. Parcels designated as open space do not receive special benefits from the Improvements and are therefore exempt from the assessment. The table below provides the FY 2007 -08 assessment apportionment for Zone 7. Zone 8 The parcels of land in Zone 8 are condominium lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 8. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 144 $7.47 $5.95 $856.40 Agenda Item No. C;z Page 51rof Ul Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc Max. Maint. Asmt Actual Asmt Total Asmt Landuse Acreage EDU's per EDU per EDU For District SFR -- 486.00 $65.81 $49.47 $24,043.72 Park 22.43 33.65 $65.81 $49.47 $1,664.51 Vacant 200.58 300.87 $65.81 $49.47 $14,884.85 $40,593.08 Zone 8 The parcels of land in Zone 8 are condominium lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 8. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 144 $7.47 $5.95 $856.40 Agenda Item No. C;z Page 51rof Ul Q: \ELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscaae and Street Lighting Maintenance District No. 1 Page 22 Zone 9 Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 9 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ("EDU's") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Open Space/Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. The table below provides the FY 2007 -08 assessment apportionment for Zone 9 Max. Maint. Asmt Actual Asmt Total Asmt _ EDU's per EDU per EDU For District 89.43 $81.13 $0.00 $0.00 Zone 10 The parcels of land in Zone 10 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 10 Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 158 $63.26 $0.00 $0.00 Agenda Item No. 041cr Page 156 of 91/ QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 23 Zone 11 Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 11 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant /Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Open Space /Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. The golf course associated with the development on the northwest side does not have any localized improvements and is not included within the boundaries of the District. The table below provides the FY 2007 -08 assessment apportionment for Zone 11. Agenda Item No. Page �57 of _lam QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc Max. Maint. Asmt Actual Asmt Total Asmt Facility Landuse Acreage EDU's per EDU per EDU For District Landscaping Park 7.72 11.58 $66.30 $0.00 $0.00 Vacant 325.31 487.97 $66.30 $0.00 $0.00 Street Lighting Park 7.72 11.58 $77.95 $0.00 $0.00 Vacant 325.31 487.97 $77.95 $0.00 $0.00 $0.00 Agenda Item No. Page �57 of _lam QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No.1 Page 24 Zone 12 The parcels of land in Zone 12 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 12. Max. Maint. Asmt Actual Asmt Total Asmt Facility EDU's per EDU per EDU For District Landscaping 0 $426.68 $0.00 $0.00 Street Lighting 0 $72.82 $0.00 $0.00 $0.00 Zone 13 The parcels of land in Zone 13 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 13. Max. Maint. Asmt Actual Asmt Total Asmt Facility EDU's per EDU per EDU For District Landscaping 0 $79.50 $0.00 $0.00 Street Lighting 0 $27.62 $0.00 $0.00 $0.00 Zone 14 Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 14 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ("EDU's") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single- family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Agenda Item No. — � � Page of V Q: \ELSINORE \LLMD1Wy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 25 Vacant /Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Open Space /Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. The table below provides the FY 2007 -08 assessment apportionment for Zone 14. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 190 $75.77 $74.28 $14,112.76 Zone 15 The parcels of land in Zone 15 are condominium lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 15. Max. Maint. Asmt Actual Asmt Total Asmt Facility EDU's per EDU per EDU For District Landscaping 0 $113.38 $0.00 $0.00 Street Lighting 0 $26.01 $0.00 $0.00 $0.00 Zone 16 The parcels of land in Zone 16 are multi - family residential (apartment) units, with each of these units benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential unit basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 16. Dwelling Max. Maint. Asmt Actual Asmt Total Asmt Units per EDU per EDU For District 352 $19.33 $3.03 $1,068.02 Agenda Item No.Q� Page, of y Q: \ELS1N0RE \LLMD1 \ty07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 26 Zone 17 Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 17 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant /Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Open Space /Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. The table below provides the FY 2007 -08 assessment apportionment for Zone 17. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 0 $88.56 $0.00 $0.00 Agenda Item No. Page of Q: \ELSIN0RE \LLMD1Wy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No.1 Page 27 Zones 18 & 19 Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zones 18 and 19 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ("EDU's") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant/Parks, Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Open Space /Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. Zone 18 The parcels of land in Zone 18 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 18. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 94 $117.63 $41.99 $3,946.81 Agenda Item No. 1 Page � / of F! / QAELSIN0RE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 28 Zone 19 The parcels of land in Zone 19 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the FY 2007 -08 assessment apportionment for Zone 19. Max. Maint. Asmt Actual Asmt Total Asmt EDU's per EDU per EDU For District 80.58 $49.51 $0.00 $0.00 Agenda Item No. p� / Page � of d/ QAELSINORE \LLMD1 \fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc City of Lake Elsinore May 31, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 29 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, Part C of this Report. PART F ASSESSMENT DISTRICT BOUNDARIES Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District are provided on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2007 -08. The Assessor's maps and records are incorporated by reference herein and made part of this report. Agenda Item No. ff 02 / Page 63 of QAELSIN0RE \LLMD1\fy07 -08 \Staff Reports & Resos \ROI \L.E. LLMD1 rept07.doc 363 -43 .v s• 14 114 0 s' v lorrs' nor s N 5Ac# SAei SAef vrS•saAor-'ot t 'w s.' i SAef w SAct SAet V V SAct SAC.* SAet SAC& SAc.* SAct XeW.76' The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2003 -04. Zone 1 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. q a Page6O /of y/ 379 -03 �Q. ® M w ® ZONE 2 ..?7.e w 'V The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2003 -04. Zone 2 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. a - Page 65 of U/ 373 -0 PARK WRY rCO 1a w —J MA: 205 O U Q The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2003 -04. Zone 3 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. c1 C)— Page of F/ VICINITY MAP NO SCALE LEGEND DISTRICT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004 -05. Zone 4 of the Landscape and Street Lighting Maintenance District No. Assessment Diagram Agenda Item No. Page-67— of PHASE -i n€R•i��a' Parcel No® tit T• I i0.0: T Sd;= 12:�i1; .}r• 110-00 :3d:= lr:�rz3 MT•3A " Sd:,33:�:dR ur.;+sooai 3d:,3di� ur•Wauor' W.140.0i3 i n set¢ 199M0 M.,AWW Asa: ssor Farv:sl i loa i4'1a404� ad4+ti:•{21 ;ikl•a +0001 :3d4 d1•:+if4 44? ty)�:00(ti �•lai00+a :+19a�0.O+r The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004 -05. Zone 5 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. _7J' Page to_ of A v1 LAN ITY KAr NO SCALE The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004 -05. Zone 6 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. Page a— of LEGEND: KAP 'NO 'SCALE DISTRICT BOUNDARY HWY V) LIJ W M J O 0 The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004 -05. Zone 7 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. ;�, Page of o_ ASSESSOn PARCEL. NUMMMS 373- 221 -067 AND 373 -321 -032 N101W2rE 200 N10'IY'26'E 1120.41 E- LEGEND: 11W DISTRICT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004 -05. Zone 8 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. Page 7/ of i 'k WUA Y APN: 363 -020 -008 MONITY MAP NO SCALE LEG= OISNYCT BOUOARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Zone 9 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. off- y Page 7= of V ROSETTA CANYON CANTON ROAD VICINITY MAP NO SCALE 1 FCFNfI pSIRCT WN10ARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Zone 10 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item fNoo. Page 13 of Wm" LAKE ELMORE s q@WAY � _cmr IJ�fTT3 sEOCO HLLS --I -rIMMY!"I" %- TRACT NO.3WA -1 MCNIY MIA' N090" DISTRICT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Zone 11 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. Page L__L of kn 3 The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Zone 12 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. 1?-,?-- Page 7�of rl TRACT 33370 APN: 373- 071 -018 1NIFRSU)r 15 PROJECT SITE ALAUT Y LOY 9AAYADFT MIIY iRAMn� SCALE: 1'- 75' LAAVWK OR VICINITY MAP NO SCALE iFGFNQ OIS7MCT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Zone 13 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. ;�t ?- Page 76 0 f V 0, SCALE: 1'•3W ACIMTY VAP NO SCALE I MEND PROJECT SITE The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Zone 14 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. Page 77— of ` PROJECT SITE LFGENO DOWT IOU DARY MCHTY MAP ND SCALE SCALE: Y. 7V The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Zone 15 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. ;)' �,- Page �f-v FUTURE �o PROJECT - S1 SITE �4� VICINITY MAP NO SCALE MAINTAINED LEG= W,.W easem SCALE: I'. MW The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Zone 16 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. C Page 7� of SCALE: 1"- 150' VICINITY MAP NO SCALE IF ND pSMCT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Zone 17 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No. Page VU of F( SCALE: 1'- 250' ISCBNM - DISTRICT BOUNDARY ZONE BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Zones 18 & 19 of the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Agenda Item No o. I . � Page CJ / of CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 109 2007 SUBJECT: CONSIDERATION OF TENTATIVE TRACT MAP NO. 35348 FOR THE PROJECT KNOWN AS "LAKE ELSINORE MEDICAL PLAZA ". APPLICANT: ARMSTRONG & BROOKS ENGINEERING (ATTN: DAWN EMBERSON) 1530 CONSUMER CIRCLE, UNIT B, CORONA, CA 92880. LOCATION: The project lies within Redevelopment Project Area No. 2, Area D, more specifically on the south side of Canyon Estates Drive and west of Summerhill Drive within the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek "Summerhill" Specific Plan (APN 363 - 550 -014). REQUEST The applicant requests approval of: • Tentative Tract Map No. 35348: The applicant is requesting a Tentative Tract Map for condominium purposes in association with a previously approved professional office building and an adjacent medical office building. BACKGROUND In October 2006, the City Council approved Commercial Design Review No. 2006 -04 for the development of a 33,240 square foot professional office building and an adjacent 31,900 square foot medical office building. The applicant now wishes to create individual office condominium units within each building which can be sold separately. At a regularly scheduled meeting of June 19, 2007, the Planning AGENDA ITEM NO. oi'2j PACE / OF $ � REPORT TO THE CITY COUNCIL JULY 109 2007 PAGE 2 OF 3 Commission adopted a Resolution approving Conditional Use Permit No. 2007 -02 allowing for the establishment of the condominiums. In addition, the Commission adopted Resolutions recommending City Council adoption of findings of consistency with the Multiple Species Habitat Conservation Plan and approval of Tentative Tract Map No. 35348. DISCUSSION Planning staff presented the proposed Tentative Tract Map to the Planning Commission on June 19, 2007, underscoring the applicant's full cooperation. The applicants then informed the Commission that they concurred with all recommended conditions of approval for the project. Overall, the Planning Commission was pleased with the proposed map and no issues were identified or discussed. FISCAL IMPACT The proposed professional and medical office condominium units will have a positive fiscal impact on the community in that the proposed offices will serve to expand the availability of professional job opportunities and medical services for residents of the City. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: 1. City Council Resolution No. 2007- 12Qmaking Findings of Consistency with the Multiple Species Habitat Conservation Plan 2. City Council Resolution No. 2007 -1?;5 approving Tentative Tract Map No. 35348. Staff recommends that the Agency Board concur with the City Council adoption of Resolution No. 2007- 133approving Tentative Tract Map No 35348. AGENDA ITEM N0. 3 PAGE 2 0F 5k REPORT TO THE CITY COUNCIL JULY 10, 2007 PAGE 3 OF 3 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED FOR AGENDA BY: CITY MANAGER'S OF E ATTACHMENTS 1. Vicinity Map. 2. Conditions of Approval 3. City Council Resolution No. 2007 -I �, making Findings of Consistency with the Multiple Species Habitat Conservation Plan. 4 City Council Resolution No. 2007 -133, approving Tentative Tract Map No. 35348. 5. Planning Commission Staff Report from the June 19, 2007 Meeting. 6. Full -Size Tentative Tract Map. AGENDA ITEM N0. PAGE � OF 31 VICINITY MAP CONDITIONAL USE PERMIT 2007 -02 TENTATIVE TRACT MAP 35348 PLANNING COMMISSION AGENDA ITEM N0. .- PAGE_+_OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 1 of 10 PLANNING DEPARTMENT General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek "Summerhill" Specific Plan Amendment No. 1 as applicable. 3. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,314.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 -hours of project approval. 4. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be AGENDA ITEM NO. 2 PAGE_OF 7 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 2 of 10 lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. Conditional Use Permit No. 2007 -02 5. Conditional Use Permit No. 2007 -02 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 6. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 7. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. Tentative Tract Map for Condominium Purposes No. 35348 8. Tentative Tract Map for Condominium Purposes No. 35348 will expire two (2) years from date of approval unless within that period of time the CC &Rs and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 9. The Tentative Tract Map for Condominium Purposes shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by these Conditions of Approval. 10. Prior to the first certificate of occupancy for either building onsite, the applicant shall prepare and record CC &Rs against the office condominium complex. The CC &Rs shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &Rs shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including AGENDA ITEM NO. '-:� PAGE „_�-> . -OF_L� CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 3 of 10 parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, the CC &Rs shall stipulate that employees of office suites are prohibited from parking within the row of onsite parking spaces located directly adjacent to the building. 11. The CC &Rs shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC &Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC &Rs. 12. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &Rs which shall include compulsory membership of all owners of lots and/or office units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 13. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC &Rs. 14. Membership in the Office Owner's Association shall be mandatory for each buyer and any successive buyer. 15. Reciprocal CC &Rs and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) office owner's association with common area for the total development of the subject project. 16. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to AGENDA ITEM N0. �3 PACE OF--1L- CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 4 of 10 constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 17. Each office unit owner shall have full access to commonly owned areas, facilities and utilities. ENGINEERING DEPARTMENT General Requirements: 18. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 19. Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 20. All grading shall be done under the supervision of a geotechnical engineer who shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 21. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 22. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 23. Underground water rights shall be dedicated to the City pursuant to the AGENDA ITEM NO.� PAGE,,,,,, OF�t _ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 5 of 10 provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 24. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 25. Provide fire protection facilities as required in writing by Riverside County Fire. 26. Applicant shall pay all applicable development fees, including but limited to: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 27. 10 -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 28. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 29. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y? x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 30. Slopes and landscaping along Canyon Estates Drive, including within public right -of -way, shall be maintained by the property owner's association. 31. All open space, common lots, and slopes, except for public parks and schools and flood control district facilities, outside the public right -of- way shall be owned and maintained by property owner's association. 32. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. AGENDA ITEM NO. a�2I PACE_ 13�OF�____ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 6 of 10 33. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 34. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 35. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 36. Applicant shall comply with all NPDES requirements, including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 37. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 38. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. 39. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibi t the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into streets, gutters, the storm AGENDA ITEM NO. a!1___ PAGE_L0 OF 31 - CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 7 of 10 drain system, or waterways without Regional Water Quality Control Board permit or waver is strictly prohibited by local ordinances and state and federal law. Prior to Approval of final map, unless other timing is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40. Provide a revised signing and striping plan for Canyon Estates Drive from Ridgecrest/project access to Franklin. 41. Provide a traffic study. The study shall be per County guidelines and scope of work approved by the City. The study's recommended traffic improvements, if approved by the city, shall be completed by the applicant as part of this project. 42. The applicant shall dedicate 2 feet of additional right -of -way on Canyon Estates Drive such that the ultimate right -of -way width to centerline is 45 feet. Canyon Estates shall be widened to meet General Plan street standard of 35 feet from centerline to curb face. In -lieu fee based on recent engineer's estimate may be substituted for construction of ultimate improvements as approved by the City Engineer. Prior to Issuance of a Grading Permit 43. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 44. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 45. Construction Project access and hauling route shall be submitted and approved by the City Engineer. AGENDA ITEM NO. PAGE_U _,_,-OF�_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 8 of 10 46. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 47. The driveway access shall be widened to provide two lanes for egress (right and left /thru). 48. Sidewalk improvements along Canyon Estates Drive shall include ADA ramps at curb returns. 49. An Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones. 50. The applicant shall obtain all necessary off -site easements and/or permits for off -site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 51. Applicant shall provide erosion control measures as part of the grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 52. Applicant shall provide the city with proof of filing a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 53. Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. AGENDA ITEM NO -;3 PACE_L OF 3 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 9 of 10 54. Prior to issuance of a building permit, the applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc 55. The applicant shall show that no structures, landscaping, or equipment that minimize sight distance are located near the project entrance. 56. The applicant shall submit signing and striping plan for improvements onsite and on Canyon Estates Drive. 57. The applicant shall pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 58. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 59. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 60. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 61. All signing and striping and traffic control devices shall be installed for streets within the project and on Canyon Estates Drive, including: street name signs, parking and stop signs. 62. Water and sewer improvements shall be completed in accordance with Water District requirements. AGENDA ITEM N0. 3 PAGE ._OF_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-02 &TENTATIVE CONDOMINIMUM TRACT MAP NO. 35348 Page 10 of 10 63. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 64. The applicant shall pay TUMF fees at the rate effective at the time when the Certificate of Occupancy is obtained. ADMINISTRATIVE SER VICES DEPARTMENT 65. Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2006 -5 to fund the on -going operation and maintenance of the new parks, parkways, open space and public storm drains required as a result of the project and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non- refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or danderson(a,harri s- assoc. com. 66. Prior to approval of the Final Map, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right - of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non - refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or dandersonAharris- assoc.com. RIVERSIDE COUNTY FIRE DEPARTMENT 67. The applicant shall comply with all Riverside County Fire Department conditions and standards (see attached conditions from Fire Department). AGENDA ITEM N0. PAGE_+ _OF�3 FEB -26 -2007 NON 07:35 0 RI.V 00 FIRE P &E FAX NO, 951 955 4886 02/25/07 Riverside County LMS 08:55 CONDITIONS OF APPROVAL, Library Conditions 10, GENERAL CONDITIONS FIRE DEPARTMENT F—P 263 46," 101FIRE,999 CASE - CITY CASa STATEMENT With respect to the conditions of approval for the referenced project, the Faire Department recommends the following fare protection measures be provided in accordance with Riverside Cotinty Ordinances and /or recognized fire protection standards: 10.FIRE.999 MAP- #50 -1BLU13 DOT REFLECTORS Blue retroreflective pavement, markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation., placement of markers must be approved by the Riverside County Fire Department, 10, FIRE, 999 MAP * - 415- 1 ?OTFNT1AL, FIRE FLOW The water mains shall be c.apaba.e of providing a potential fire flow -�J= GPM and an actual fire flow available from any one hydrant shall be r, )3PM for 2 hour duration at 20 PSI residual operating press-are. 10.FIRE.999 MAP * - X14 -CyOM /RE'S HYD /SPACING Approved super fire hydrants, (6"x4 "x2 1/211x2 1/211} shall be located at each street intersection and spaced not more than 1330 feet apart; in Glny direction, with no portion of any lot frontage more than Y-&-'a feet from a fire hydrant, 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50.FIRE.999 MAP - # 4 6 - Wp,TER PLANS The applicant or developer shat.:, furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a. registered civil engineer, containing a Fire Department approval signature bloc]<, and shall conform to hydrant, type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire- Department for signature, AGENDA ITEM N /0. PAGE, -L!- �-OF_3 P, 02/03 Page: l DRAFT DRAFT DRAFT DRAFT DRAFT :B -26 -2007 MON 07:35 AM RIV 00 FIRE P &E FAX NO. 951 955 4886 F, UU /UU >/07 Riverside County LMS Page: 2 CONDITIONS OF XPFROV.P.L Gry Conditions PRIOR TO MAP RI�CORDATI ON �,F r 17 M 3 5 --5 LI 50. FIRE, 999 MAP- ##53-ECS -WT1R PRIOR /COMBUS DRAFT Ecs map muot be stamped by the Riverside County Suxveyoi with the followizzg note: The :required water system, including fire hydrants, ithall be installed and accepted by the appropriate water agency prior to any combustible building material ,placed on an individual lot, AGENDA ITEM NO._.., PAGEOF 3 RESOLUTION NO. 2007- 13� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE PROJECT KNOWN AS LAKE ELSINORE MEDICAL PLAZA IS EXEMPT FROM MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) PROVISIONS WHEREAS, Armstrong and Brooks Consulting Engineers, c/o Dawn Emberson, submitted an application for Tentative Tract Map No. 35348 for Condominium Purposes in association with the establishment of office condominiums within a professional office building and adjacent medical office building located on the south side of Canyon Estates Drive and west of Summerhill Drive — APN 365 -550 -014 (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82 and Lake Elsinore Municipal Code Chapter 16, requests for consideration of a tentative tract map for condominium purposes is a discretionary action to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council, respectively; and WHEREAS, public notice of the Project has been given and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 10, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: AGENDA ITEM NO.--2-3 PAGE_Ll_._0F_-Ii- CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 5 SECTION 1. The City Council has considered the Project's consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The Project site lies within Criteria Cells #4646 & #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements. " The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The Project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian /riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is exempt from the MSHCP by virtue of a common law vested rights agreement between the previous landowner and the City. Therefore, the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The site reconnaissance survey revealed that n2o, AGENDA ITEM N0. � / PAGE—L$--OF-3-L____ CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 5 riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban /Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. No additional mitigation measures or conditions of approval are required. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The entire Project site has been rough - graded. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. AGENDA ITEM NO.e PAGE__1_9_OF 3 N CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 5 8. The Project is consistent with the Fuels Management Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. No additional mitigation measures or conditions of approval are required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The Project is consistent with the MSHCP. As stated in Finding No. I above, the Project is exempt from the requirements of the MSHCP based upon a "common law vested rights agreement" between the City and the previous landowner. SECTION 3. Based upon the evidence presented, the City Council hereby adopts the findings above regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AGENDA ITEM N0. 9'3 PACE 2-b OFD! CITY COUNCIL RESOLUTION NO. 2007- PAGE 5 OF 5 Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM N0. 2 PACE Z \ OF_: 1 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE CONDOMINIUM MAP NO. 35348 WHEREAS, Armstrong and Brooks Consulting Engineers, c/o Dawn Emberson, has filed an application with the City of Lake Elsinore requesting the approval of Tentative Tract Map for Condominium Purposes No. 35348 for the establishment of office condominium units within a professional office building and an adjacent medical office building to be located on the south side of Canyon Estates Drive and west of Summerhill Drive — APN 365 -550 -014 (the "Map "); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Tentative Condominium Maps for commercial projects; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines "), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Mitigated Negative Declaration was approved and adopted by the City Council for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of professional office buildings; and WHEREAS, the Map does not present substantial changes or new information regarding the potential environmental impacts of development; and AGENDA ITEM NO._ PAGE 2I- OF_ 3 _ CITY COUNCIL RESOLUTION NO. 2007-. PAGE 2 OF 4 WHEREAS, public notice of the Map has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 10, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Map and has found it acceptable. The City Council finds and determines that the Map conforms to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Government Code. SECTION 2. The City Council hereby finds and determines that no new CEQA documentation is necessary. The Map comprises one part of the whole of the action which was analyzed in the previously approved and certified Mitigated Negative Declaration for Summerhill Specific Plan. Office condominium uses were contemplated by the Summerhill Specific Plan and any environmental impacts that might result from the issuance of the Map have been adequately analyzed. The Map does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. SECTION 3. That in accordance with Government Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions," the City Council makes the following findings for the approval of the Tentative Condominium Map 35348: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Map, as designed, assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element), and provides additional professional office and medical office opportunities thus improving the City's professional environment. AGENDA ITEM NO. PACE _2-�Z OF�� CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 4 2. The effects that this Map is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The additional office spaces provided by the Map will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents and businesses. 3. Subject to the attached conditions of approval, the Map is not anticipated to result in any significant environmental impact. The Map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Tentative Tract Map No. 35348. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of July, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO .____.�_ PACE JA—OF _a____ CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 4 ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO -3 PACE -!j_OF_ 31__� CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 199 2007 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 AND TENTATIVE CONDOMINIUM TRACT MAP NO. 35348 "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX" APPLICANT: ARMSTRONG & BROOKS (ATTN: DAWN EMBERSON),1530 CONSUMER CIRCLE, UNIT B, CORONA, CA 92880 OWNER: LAKE ELSINORE MEDICAL CAMPUS LLC. (ATTN: KIPP DUBBS) PROJECT REQUEST The applicant is requesting a Conditional Use Permit and Tentative Tract Map for Condominium purposes to allow for the establishment of individually owned attached office condominium units. Condominium units built pursuant to the requested entitlements will participate in a property owner's association that was created for the adjacent office /medical office building on a 5.19 acre vacant site within the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek " Summerhill" Specific Plan. Review is pursuant to Chapter 17.30 (Condominiums) and Section 16 (Subdivisions) of the Lake Elsinore Municipal Code LEMC. PROJECT LOCATION The project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 363 -550 -014. AGENDA ITEM PAGE ]jp- OF�_ PLANNING COMMISSION STAFF REPORT JUNE 199 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 BACKGROUND The subject property, which consists of a previously graded vacant pad, is located within the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek "Summerhill " Specific Plan. In October 2006, the City Council approved Commercial Design Review No. 2006 -04 for the development of a 3 3,240 square -foot professional office building and an adjacent 31,900 square -foot medical office building on the project site. Currently, the applicant wishes to create individual office condominium units which can be sold separately within both of the office buildings, once construction is completed. ENVIRONMENTAL SETTING AGENDA ITEM PAGE 2_�_ OF_3k_ EXISTING ZONING GENERAL PLAN LAND USE Project Vacant C -1 /SP Site Neighborhood Canyon Creek Commercial "Summerhill" Specific Plan Specific Plan North Vacant C -1 /SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan South Future Medical Office C -1 /SP Canyon Creek & Hotel Neighborhood "Summerhill" Commercial Specific Plan Specific Plan East Residential C -1 /SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan West Interstate 15 AGENDA ITEM PAGE 2_�_ OF_3k_ PLANNING COMMISSION STAFF REPORT JUNE 199 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 PROJECT DESCRIPTION CONDITIONAL USE PERMIT NO. 2007-02 Pursuant to Section 17.30.020 of the Lake Elsinore Municipal Code (LEMC), the applicant is requesting a Conditional Use Permit for the establishment of the subject condominium project. According to the LEMC, the Planning Commission has authority to grant or deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of Conditional Use Permits. TENTATIVE CONDOMINIUM MAP NO. 35348 The applicant is also requesting the approval of Tentative Tract Map No. 35348 to establish office condominium units within the airspace of each of the office buildings. Condominium projects are defined as "subdivisions" pursuant to Section 66424 of the California Subdivision Map Act (CSMA). Consequently, this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" of the LEMC. The condominium concept would enable the applicant to offer individual office units for sale as airspace condominiums within the building structures as defined by the Tentative Condominium Map No. 35348, while sharing common interest, ownership and maintenance responsibilities within the common areas. These common areas entail onsite parking areas, landscaped areas, and onsite underground and above ground utility infrastructure improvements necessary to service and support the office buildings. ANALYSIS Covenants, Conditions and Restrictions (CC &Rs) will be recorded against the project as a condition of approval of the tentative tract map. In addition, the applicant will be conditioned to form a property owners' association, which will be empowered to administer and enforce the terms of the CC &R's. To accomplish this, the owners' association will establish monthly fees to cover maintenance costs associated with landscaping, the parking lot and utility infrastructure improvements. The project has also been conditioned to require that the applicant submit a copy of the proposed AGENDA ITEM PAGE ZS OF 1✓ PLANNING COMMISSION STAFF REPORT JUNE 199 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 CC &R's to the Planning Division and City Attorney's Office for review and approval prior to recordation. Moreover, staff has added a condition of approval which will require that the association be established prior to the issuance of a certificate of occupancy for the first office unit within either building. ENVIRONMENTAL DETERMINATION Staff has determined that the potential environmental impacts associated with the Conditional Use Permit and Tentative Tract Map have been previously addressed in the Mitigated Negative Declaration (MND) for the Canyon Creek "Summerhill" Specific Plan Amendment No. 1. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND; 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2007 -_ recommending City Council adoption of findings of consistency with the Multi - Species Habitat Conservation Plan; Resolution No. 2007 -_ approving Conditional Use Permit No. 2007 -02; and, Resolution No. 2007 -_ recommending to the City Council approval of Tentative Condominium Tract Map No. 35348 based on the Findings, Exhibit "A" and the proposed Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR of COMMUNITY DEVELOPMENT AGENDA ITEM a 3 PAGE _;Z%- OF 31 PLANNING COMMISSION STAFF REPORT JUNE 199 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. DRAFT ACKNOWLEDGEMENT OF CONDITIONS 4. CONDITIONS OF APPROVAL 5. EXHIBITS • REDUCTIONS (81/2 x 11) Exhibit A: Tentative Condominium Map ■ FULL SIZE MAP AGENDA ITEM C� / PAGE ^)(Z OF_!�- it 1A W No} 1 a •` I�� I ijl t� �j f T qq �Jylf 't� 1.. • ��� ', � r I u �;a ' � 00 1 a drp I ,I b It" . T; ir 47 � 6tl R IJ 1 a • li � w 1 M ff S Q v I;1 t rt t `4 t - ' Qp 11 I Iii I �, � �„• o t 't R 1 a ra I �N �i,�l 1 I'1 , to '� :, ..' i.. 1 • { ' -. 1 I /Mi PO ra 3.0 Q AGENDA ITEM NO. � u 111; 111 cr y PAGE_ —L_ OF I:py :e��Elps :� ��r� y�g '¢� ~ \ W \ \ W \ W W W \ V 4• W W \ W w W E EW ! H 6p g i!i<Zii \ \i \ti! \iiii �Itl� Q 3 it pr �E ���.it5 I A l� k Nib p J M LL O 0 LAJ v i a W 1 CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 109 2007 SUBJECT: SUMMARY STREET VACATION FOR THE RIGHT -OF -WAY KNOWN AS FLINT STREET BACKGROUND Summary Street Vacation of a portion of the Flint Street right -of -way from Lowell Street to where it terminates approximately 150 feet to the north east has been requested by Medofer Engineering, Incorporated. This section of Crane Street has not been improved and exists only as a dirt road. All adjacent parcels have access to the existing public right -of -way known as Lowell Street. DISCUSSION Flint Street is a planned future roadway alignment which provides access to several lots within the proposed area. After evaluating this request, the existing lots have public access and Staff is in agreement with this request. FISCAL IMPACT No direct fiscal impact to the City will result from this roadway vacation. RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 2007- 13y approving the Summary Vacation of Flint Street. 1y 40A iT£M NO. - 2 PAGE I OF 6- REPORT TO THE CITY COUNCIL JULY 109 2007 PAGE 2 PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS to APPROVED BY: CITY MANAGER'S AMC C Attached: Vicinity Map Resolution AGENDA ITEM PAGE 2- OF $� 3 13381.S 113MOl �o O O r- �' ,00.09 3 **,00.61N rC2 O W F O m Q LO V) o m >- °°) ., � o F- � LO Z Xw �0£ I ,0£ O) w .- 3 Q We 210 Z N n ° z u' H Z J LL' ,00.09 M.**,00.61S W I V CL 00 lb O° I N z I m N 0 lV ).r iw Z Q h N U mi O1 7A PAGE 3 OF-.L--. RESOLUTION NO. 2007-_ 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF A PORTION OF FLINT STREET WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street right -of -way is no longer necessary to be utilized as public right - of -way, said easement being more particularly described as follows: That the portion of Flint Street described as follows: That portion of Flint Street adjoining Lot 19 in Block 76 of Hazards Subdivision as shown on map recorded in Book 1, Page 47, Records of San Diego County described as follows: Beginning at a point on the Southwest line of said Flint Street, said point being the East corner of said Lot 19 as shown on said map, Thence, along said Southwest line, North 70° 59' 16" West, 150.00 feet, to the North corner of said Lot 19 as shown on said map, Thence, along the Northeasterly extension of the Northwest line of said Lot 19, North 191 00' 44" East, 60.00 feet, to the Northeasterly right of way line of said Flint Street as shown on said map. Thence, along said right of way line South 70° 59' 16" East, 150.00 feet to the intersection with the Northeasterly extension of the Southeast line of said Lot 19, Thence, along said extension South 19 °00' 44" West, 60.00 Feet, more or less, to the point of beginning. WHEREAS, the City Council for the City of Lake Elsinore desires to vacate said right -of -way pursuant to the procedures set forth in Streets and Highways Code Section 8335, et se .• WHEREAS, the vacation is permitted by law under pursuant to the conditions set forth in Streets and Highways Code Section 8333; WHEREAS, That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement; %- OF-E-- WHEREAS, pursuant to Resolution 2007-, the public hearing has been held and evidence submitted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: 1. That the foregoing recitals are true and correct. 2. That based on the evidence submitted at said public hearing, the City Council hereby finds that the street and alleys described in this Resolution is unnecessary for present and prospective use. 3. That the street and alleys right -of -way more particular described above is hereby ordered to be vacated. 4. That the City Clerk I hereby ordered to record the Resolution of Vacation in the Riverside County Recorder's Office. PASSED, APPROVED AND ADOPTED this I 01 day of July, 2007 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ROBERT E. MAGEE, Mayor City of Lake Elsinore MICHELLE SOTO, Interim City Clerk City of Lake Elsinore AGS�ZA ITEM t,10. RACK 5- OF-E-- ORDINANCE NO. 1227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WHEREAS, on May 22, 2007, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City ") adopted Resolution No. 2007 -75 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act "); and WHEREAS, notice was published as required by law relative to the intention of the Council to form the District; and WHEREAS, on June 26, 2007 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the District and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District by the District were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2007- determining the validity of prior proceedings relative to the formation of the District, established the District and authorized the levy of a special tax within the District; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2007- which called an election within the District for June 26, 2007 on the proposition of levying a special tax; and WHEREAS, on June 26, 2007 an election was held within the District in which the eligible electors approved by more than two - thirds vote the proposition of levying a special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF AGENDA ITEM N0. '� ( PAGE 0 F CITY COUNCIL ORDINANCE NO. 1227 Page 2 of 4 LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of the District pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within the District prior to the formation of the District, periodic costs, and costs of the tax levy and collection. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." SECTION 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2007- of the Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after thirty (30) days after the date of its final w CITY COUNCIL ORDINANCE NO. 1227 Page 3 of 4 passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of June, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of June, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO..__ PAGE-3 OF CITY COUNCIL ORDINANCE NO. 1227 Page 4 of 4 ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AGENDA ITEM NO.____L5i PAGE _ --oop_ -._ ._. CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi - Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi - Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. AGENDA ITEM NO. Al PAGE��G� Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2007 -08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $416 and on each Assessor's Parcel of Developed Multi - Family Property in the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2008 -09, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. t���ti NOTICE OF ADOPTION OF ORDINANCE NO. 1227 NOTICE IS HEREBY GIVEN that on June 26, 2007, at the Council Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1227. A summary of Ordinance No. 1227 follows and is marked as Exhibit "B ". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard. Ordinance No. 1227 was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) Dated: , 2007 By Michelle Soto, Interim City Clerk AGENDA ITEM NO. � 1 PAGE G EXHIBIT B BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) IN THE MATTER OF ) Authorizing the Levy of a ) Special Tax Within City of ) Lake Elsinore Community ) Facilities District No. 2007 -1 ) (Law Enforcement, Fire and ) Paramedic Services) ) ORDINANCE NO. 1227 SUMMARY The ordinance authorizes levy of an annual special tax within City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District. DATED: , 2007 CITY OF LAKE ELSINORE 0 Michelle Soto, Interim City Clerk AGENDA ITEM NO. PAGE�_OF__!�_ CITY OF LAKE ELSINORE JOINT REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO: FROM: DATE: PREPARED BY: PROJECT TITLE: APPLICANT: OWNER: MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY ROBERT A. BRADY, CITY MANAGER JULY 109 2007 JUSTIN CARLSON, ASSOCIATE PLANNER COMMERCIAL DESIGN REVIEW NO. 2006 -18 FOR A PROPOSED LONESTAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377 -080- 077) THOMAS LUDDEN/LUDDEN DEVELOPMENT: 25095 OWENS LAKE, LAKE FOREST, CA 92530 DENNIS DEMONTIGNY: 29883 THIRD STREET, LAKE ELSINORE, CA 92530 PROJECT REQUEST In an effort to move the project forward, staff noticed the project for City Council review for the July 10, 2007 City Council meeting. Due to the fact that the project is scheduled to be presented to the Planning Commission on the evening of July 3, 2007 and in an effort to present a complete report to the City Council, Staff is recommending that this item be continued to the July 24, 2007 City Council meeting. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: —t;:�- ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM No. j PAGE____ -�_C __ ..